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HomeMy WebLinkAbout1989 City Council MinutesDecember 199 1988 - continued Ordinance - Cash Adjustments Mr. George Khtaian, Finance Director, presented an Ordinance authorizing a year- end cash transfer of property tax monies in the amount of $8,000 from the general fund to the library fund. Mrs. Smith moved, seconded by Mr. Brown, that an Ordinance entitled "An Ordinance Requesting Council Approval of 1988 Year -End Cash Adjustment Transfers between City Funds" be adopted and given Ordinance No. 2096. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. The Council agreed that the $8,000 should be transferred back to the General Fund by the Library in 1989. Resolution - Water Fund Loan To Urban Renewal Fund Mayor Rice presented a Resolution to the Council that would authorize the temporary transfer of $200,00 from the Water Fund to the Urban Renewal Fund in the form of a loan at an interest rate of 7.35% per annum. Mr. Separovich moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Authorizing a Loan from the Water Fund (401) to the Urban Renewal Fund (180)" be adopted and given Resolution No. 1020. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Board Appointments Mayor Rice announced that Mr. Murray Goddard and Mrs. Erica Pickett have been reappointed to the Planning Commission. Ms. Zoanne Hyland has been reappointed to the Parks & Recreation ADvisory Commission and Mrs. Pat Kent to the Housing Authority Board. Utility Extension Agreement Acceptance - Paul Priest Mr. Dave Ford, Director of Public Works, explained that Mr. Paul Priest had extended 400' of water line along Thomas Lane to serve his residence and to serve other potential users along Thomas Lane. The line has been tested and the construction is satisfactory to the City of Anacortes. Mr. Jackson moved, seconded by Mr. Rock, to accept this construction per City of Anacortes Utility Extension Application by Mr. Paul Priest dated 11/3/88. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Ford stated that a Latecomer's Agreement will be before Council for approval in January. Executive Session At 8:25 p.m. the Mayor announced that the Council would convene in Executive Session to discuss Urban Renewal/Real Estate Contracts. At 8:55 p.m. the Council reconvened meeting was adjourned. V George htai , City Clerk -Treasurer January 3, 1989 and without taking any further action, the James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ray Separovich, Ken Brown, Helen Smith and Bud Rock. Absent: Dean Maxwell and Tom Lian. Minutes of Previous Meeting The minutes of the December 19, 1988 meeting were approved on a motion by Brown seconded by Jackson. Vote: Ayes - Separovich, Brown, Smith, Rock, Jackson. Motion carried. Old Business Mayor Rice stated that the Skagit Council of Governments was supporting an increase in the local government contribution to the Skagit County Council on Alcoholism from 2% of the Liquor Tax proceeds to 4%. After discussion, Mrs. Smith moved that the City contribute at the 5% level from its 1989 budget. The motion was seconded by Mr. Jackson. Vote: Ayes - Brown, Smith, Rock, Jackson, Separovich. Motion carried. Also under old business, the Council discussed in detail the scheduled building permit fee increase. At their December 19, 1988 meeting, the Council had agreed to a modified increase effective February 1, 1989 and a full increase effective July 1, 1989 with the proviso that the Council review prior to June 30, 1989 whether the full fee increase as of July 1 was necessary. The Council discussed the details of the fee schedule agreed upon at the December 19, 1988 meeting. Mrs. Smith then moved that the revised fee schedule be adopted as presented. The motion was seconded by Mr. Jackson. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown. Motion carried. It was noted that an ordinance will need to be drafted to implement this new fee schedule. January 3, 1989 - continued New Business Resolution No. 1021 action was taken on Jackson, Separovich, aas passed adopting a motion by Smith Brown, Smith. Motio a new City Comprehensive Park Plan. This seconded by Rock. Vote: Ayes - Rock, n carried. The Council repealed Ordinance No. 2075 Establishing LID No. 197. This action was taken by Ordinance No. 2097; the motion to adopt the ordinance was made by Smith and seconded by Rock. Vote: Ayes - Jackson, Separovich, Brown, Smith, Rock. Motion carried. Following on from this action, the City Council adopted Resolution No. 1022 establishing February 6, 1989 as the date for a public hearing on revised LID No. 197. This LID involves portions of "B" Avenue at 27th and 28th streets. This resolution was adopted on a motion by Separovich seconded by Jackson. Vote: Ayes - Separovich, Brown, Smith, Rock, Jackson. Motion carried. The Council then passed Resolution No. 1023 setting February 6, 1989 as the public hearing date to consider the final assessment on LID No. 198. This LID involves the paving of 38th street. The motion was made by Rock seconded by Smith. Vote: 'Ayes - Brown, Smith, Rock, Jackson, Separovich. Motion carried. The council then passed Resolution No. 1024 establishing an Interlocal Agreement with Skagit County covering the treatment of hazardous waste in unincorporated Skagit County, rather than in the City of Anacortes. This action was taken on a motion by Brown seconded by Separovich. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown. Motion carried. In other business, Mayor Rice reappointed Mary Pranger to the Library Board. Additionally, Mr. Bill Mitchell reviewed the mural project with the City Council; a contract will be developed between the City and Jamie's Signs and presented to the City Council for action. Mayor Rice announced that Thursday, April 20, 1989, the City Council would hold their Annual Retreat. Mayor Rice noted that at next week's Study Session the following items would be considered: 1) storm water separation, 2) a new sewer rate ordinance, 3) a spring clean-up program, and 4) an Executive Session on property acquisition. He also informed the Council that February 13, 1989 there would be a Study Session to consider the noise associated with the Oak Harbor Naval Air Station. Councilman Separovich expressed, on behalf of the Council, their appreciation for the efforts of all those involved in Christmas activities in Anacortes. He specifically noted the efforts of those involved in the boat parade, the childrens' parade, and downtown street decorations. The meeting adjourned at approximately 8:15 p.m. Georg ht/ian, City Clerk -Treasurer 6Z James Rice, Mayor January 16, 1989 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered by Reverend John Martin, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith and Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Jackson, that the minutes of January 3, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Paper Drive Mayor Rice reported that in 1988, 172 tons of newsprint were picked up from both paper -drop locations, an increase of 17 tons over 1987's results. The senior citizens earned $4,270 through their recycling -drive, representing a potential savings for the City of $6,000 in tipping fees. Mayor Rice encouraged everyone to recycle computer paper now worth $70/ton. Latecomer's Agreement - Priest - Thomas Lane Mr. Dave Ford, Director of Public works, presented a January 12, 1989 memorandum detailing the history of and recommendation for a latecomer's agreement for the previously approved extension of approximately 400' of 2" PVC waterline by Mr. Paul Priest on Thomas Lane. The latecomer's agreement would run from time of approval for a 10 -year period. Mrs. Smith moved, seconded by Mr. Maxwell, that ii' January 16, 1989 - continued 886 the Latecomer's Agreement be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance Amending Building Permit Fee Schedule Mr. Jackson moved, seconded by Mr. Separovich, that an Ordinance amending the permit fee schedule (Exhibit B) of Ordinance 42009 be adopted and given Ordinance No. 2098. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jack::r:r:, Separovich. Motion carried. Public Hearing - Amendment to Zoning Code - Lot Size in RL Zone Mayor Rice declared the Public Hearing open to take comments on a proposed amendment to the Zoning Code as follows: Add to Section 17.04.10 (e) Minimum Lot Size in Residential Low Density District: "Except that where no more than four, adjacent 3,000 square foot lots were collectively in separate ownership, and not of continuous frontage with other lots in the same ownership, and of record as of April 19, 1978, they may be divided into two 6,000 square foot parcels and a single family residence built on each of these 6,000 square foot parcels." Mr. Ian Munce, Planning Director, discussed the Planning Commission's recommendation for the amendment. Mr. Maxwell stepped down from the dais and left the Council Chambers; Mayor Rice explained that Mr. Maxwell's mother owns property that would be affected by the proposed amendment. Mr. William Aldrich and Mr. John Hurd, no addresses given, protested the proposed amendment; Mr. Aldrich recommended a review of each request on an individual basis. There were no further comments from the audience and Mayor Rice declared the Public Hearing closed. The proceedings are taped and on file at City Hall. After discussion Council asked to have the matter postponed, and sought recommendations from the Planning and Legal Departments on how to administratively approve or deny each pre-existing condition on an individual basis. Mr. Maxwell returned to his seat. Resolution - Amending Lease Agreement - City and Hydraulic Fishing Supply Mr. Jackson moved, seconded by Mr. Separovich., that a Resolution entitled "A Resolution Amending Resolution No. 980 dated March 7, 1988, Authorizing a Lease Agreement by and Between the City of Anacortes and Hydraulic Fishing Supply, Inc." be adopted and given Resolution No. 1025. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Completion of Public Works Contract LID 198 Mrs. Smith moved, seconded by Mr. Brown, that the Council accept Lakeside Industries work on the 38th street paving as complete. The retainage of $825.23 is to be released at the end of the 30 -day lien period provided no valid liens or claims are filed with the City. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Sale of Sanitation Container Mr. Brown moved, seconded by Mr. Jackson, that the sale and surplusing of a 3 - yard solid waste container to Mr. Pat Quinn of 503 "0" Avenue be approved. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. Abstain: Rock. Motion carried. Contract - Mural for Cove Hotel Mayor Rice presented a proposed contract between the City of Anacortes, Jamie's Signs and Mark Behar to paint a mural on the south side of the Cove Building at 8th Street and Commercial Avenue; the contract amount is $5,300.00 plus any tax, if applicable. Mrs. Smith moved, Seconded by Mr. Brown, that the contract be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock. Nays: Maxwell, Jackson. Motion carried. Vacancy - Planning Commission Mayor Rice announced that Mr. Gary Baker has resigned from the Planning Commission. Anyone interested in completing Mr. Baker's term should apply to the Mayor's office. Schedule Mayor Rice announced that thee would not be any study sessions held for the remainder of the month and the next regularly scheduled meeting would be on February 6, 1989. On February 13, 1989, an informational meeting will be held with the Council, members of Fidalgo Islanders for Sound Environment (FTSE) and representatives from the Navy. Mayor Rice announced at 8:10 p.m. that the Council would convene in Executive Session to discuss a real estate matter. At 8:30 p.m., the Council reconvened and without taking any further action, the meeting was adjourned. January 16, 1989 - continued q0VI*Z_1 I. Georg Vhtai(n, City Clerk -Treasurer February 6, 1989 Jame R Mayo Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith. Absent: Bill Jackson, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Maxwell, that the minutes of January 16, 1989 be approved as if read. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Correspondence There was no correspondence and no citizens were present to testify on items not on the agenda. Skagit County Detox Center Commissioner Ruth Wylie, representing Skagit County Commissioners, reported to the Council that in order to maintain the 6 -bed detox center, an increase in contributions from the larger Skagit County cities is necessary. On January 3, 1989, the Council voted to increase the City's contribution from 2% of Liquor Tax proceeds to 4%. 'Commissioner Wylie stated that a 5% contribution would be necessary to maintain the unit. Mrs. Smith so moved, seconded by Mr. Separovich. Vote: Ayes - Brown, Lian, Smith, Maxwell, Separovich. Motion carried. Public Hearing - Rezone - Cap Sante Area - from LM to RM Mayor Rice declared the public hearing open to take comments on a proposed rezone of Blocks 287, 288, City of Anacortes, from Light Manufacturing to Residential Medium. The property is located between T and U Avenues and between 4th Street and the alley lying south of 2nd street. Mayor Rice explained that the Anacortes Food Bank has located in the proposed rezone area and the success of the Food Bank service has caused unforeseen parking/traffic problems. Residents near the Food Bank have petitioned the Council to rezone the area so that thee would be no further development that could cause future traffic problems. Mayor Rice stated that the Food Bank has acquired the use of adjacent property for parking. The Council has all of the Exhibits presented at the Planning Commission public hearing; the Planning Commission recommended that the petition for rezone be denied. Mrs. Helen Andrews, 408 5th Street, expressed concern over parking/traffic safety and potential deterioration of the area. She spoke in favor of the rezone. Mayor Rice explained that the parking situation has been referred to the Traffic Safety Committee. Mr. Don McKee, 200 Curtis Drive, said that locating the food bank on 4th street warranted more research before allowing this use. While Mr. McKee had no objections to the food bank, he expressed concern regarding traffic/parking hazards, and asked the Council for a solution. Mrs. Ruth Barton, 403 East Park Drive, expressed concern over the dangerous traffic/parking situation. Tom Little, 1212 Hartford, asked the Council to see the rezone issue as a parking problem and that the Food Bank provides shelter/food services for many veterans. Mr. Keith Knight informed the Council that the Food Bank is trying to improve the parking situation. Mr. Dick Carbo sold property in the rezone area with the light manufacturing zoning in place. The current owner of the property would not be able to use the property if the zone changed. Mr. Carbo requested that this property be excluded from the rezone. Mr. George Bowman, representing his son who owns property in the rezone area, told the Council that his son intends to use the property for storage and that the property is best suited for light manufacturing. Amm 0 February 6, 1989 - continued 888 Mr. Charles Carey, 301 U Avenue, didn't think anything would be gained from rezone. Mary Hansen, 3704 Dundee, opposes the rezone based on the intent of the Comprehensive Plan. Mr. Ian Munce, Planning Director, explained that the Comprehensive Plan allows for the expansion or contraction of existing zones, and that the rezone request before the Council is not a "spot rezone". Mrs. Patsy Martin, representing the Port of Anacortes, spoke in opposition of the rezone. Mrs. Martin pointed out that there are very few Light Manufacturing zone designations in the City, and that the development of commerce can only be conducted within a limited zone area. Mr. Larry Bruseth, 1204 Hartford, owns property in proposed rezone area, and purchased the property with the intent to develop it within the Light Manufacturing regulations. Mr. Bruseth asked who he should approach for compensation for loss of property use/value if there was to be a rezone. Sue Harbaugh, 317 E. Park Drive, wanted further clarification on new parking lot arrangements made by Food Bank and also expressed concern over children playing in street near Food Bank. Mr. Keith Knight thought that the children in the street were neighborhood children rather than children accompanying their parents to the Food Bank. Mr. Knight further explained that they have the use of a 90' x 100' lot for parking. Gail Goodnight, 1309 H Avenue,, informed the Council that many people using fourth street use excessive speed. There were no further public comments and the Mayor declared the Public Hearing closed. The proceedings are taped and on file at City Hall. Mr. Separovich recommended an on-site visit. Mr. Steve Mansfield, City Attorney, explained that an on-site visit needs to be a part of a regularly scheduled meeting, and that the Council needs to visit the site as a body; there should be no testimony taken. Mr. Maxwell stated that he thought the real issue is parking, rather than a matter for rezone. Mrs. Smith agreed, and asked for Traffic Safety Committee recommendations. Mr. Brown inquired about the City's liability regarding any potential loss of property value/use caused by a rezone. Mayor Rice stated that the meeting of February 6th would be continued to 5:00 p.m., February 21st at 4th street and T Avenue. Ordinance - LID 197 - B Avenue Waterline Mayor Rice declared the Public Hearing open to take comments on the implementation of LID 197 to install water lines on B Avenue from 27th street to 29th street and extensions on 27th and 28th streets. Mr. Jim Pemberton, Assistant Public Works Director, explained that the LID proposed in 1988 has had the boundaries expanded to include four potential building sites west of B Avenue. Mr. Pemberton further stated that neither he nor the City Clerk had received any protests to forming the new local improvement district. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mr. Maxwell, that an Ordinance ordering the installation of waterlines be adopted and given Ordinance No. 2099. Vote: Ayes - Lian, Smith, Maxwell, Separovich, Brown. Motion carried. Public Hearing - Final Assessment L.I.D. 198 - Paving - 38th Street Mayor Rice declared the Public Hearing open to take comments on final assessment on L.I.D. 198 which included improvements to a portion of V Avenue and 38th Street. Mr. Jim Pemberton, Assistant Public Works Director, explained that the total estimated L.I.D. final assessment roll is $18,450. The final assessment roll per front foot is $9.49. Notice of final assessment was sent to all property owners; 1 letter of protest was received from Mr. and Mrs. Tyler and 1 letter from an owner concerned that the end of the project where her property is located is narrower than on the east end. Mrs. Mary Tyler, 608 38th St., reported that, after the paving, water runoff from the entire street went into their driveway. Mrs. Tyler is protesting the poor workmanship done in the attempts to revise and replace the original asphalt project in front of her house. Mayor Rice asked Mrs. Tyler that, should the final assessment be approved, would she accept the City's assurance that the situations would be taken care of. Mrs. Tyler agreed. There were no further comments and Mayor Rice declared the Public Hearing closed. Mr. Brown moved and Mr. Lian seconded that an Ordinance approving and confirming the assessment and assessment roll of Local Improvement District No. 198 be adopted and given Ordinance No. 2100. Vote: Ayes - Smith, Maxwell, Separovich, Brown, Lian. Motion carried. February 6, 1989 - continued Public Hearing - Conditional Use - 4th Satellite Dish - 3901 H Avenue Mayor Rice declared the Public Hearing open to take comments on a request by TCI Cablevision to add a fourth satellite dish at their leased compound at 3901 H Avenue. They will need a 4th dish to carry the Northwest cable sports channel. The site is in a Residential Low Density Zone. Mr. Ian Munce, Planning Director, explained that no public comments were received at the Public Hearing held by the Planning Commission, and the Commission recommended approval with the conditions that the site will be used for the four satellite dishes and the equipment necessary to operate them, and that storage not be allowed at the site. There were no public comments and the Mayor declared the Public Hearing closed. Mayor Rice added another condition to approval: that the exterior of the landscaping bed should be bordered with treated lumber. Mr. Separovich moved, seconded by Mrs. Smith, that the Conditional Use be approved subject to the conditions outlined. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Mayor Rice asked Ms. Billie Ford, representing TCI Cablevision, if the City could be provided with a 5 -year overall comprehensive site plan. Public Hearing - Conditional Use - Bed & Breakfast - 2902 Oakes Avenue Mayor Rice declared the Public Hearing open to take comments on a request by Mr. and Mrs. Dennis McIntyre 'to increase their Bed & Breakfast designation to the use of six bedrooms. Mr. Ian Munce, Planning Director, gave the history of a recent Zoning Ordinance amendment allowing the use of up to six bedroom units. Should any existing Bed & Breakfasts request the use of additional rooms, they must go through the Conditional Use Public Hearing process. Mr. George Gains, 3001 Oakes Avenue, protested the use of a converted double -car garage to accommodate Bed & Breakfast customers. Mr. J.W. Clark, 2911 Oakes Avenue, objected to the approval of the .increase of units; there is not enough adequate parking. Mrs. Margaret J. Murphy, 1020 E Avenue, read her February 2, 1989 letter to the Council expressing her opposition to the proposed use of the detached garage for additional Bed & Breakfast units stating that a use allowed as a hobby will become a motel type, commercial enterprise in Residential Low Density district. Mr. Mike Hasty, 1312 8th St., operator of a Bed & Breakfast, stated that he felt there was a good working relationship between the Bed & Breakfast establishments and the hotel/motel businesses in the community; also, that there was adequate parking in the right of way for the increase in customers. Mr. Scott Foss, 1110 Dakota, felt that the increase in rooms at the Channel House would not change the neighborhood, parking is adequate, and he had no objections to the project. The Channel House establishment has been a good neighbor and Mr. Foss suggested approval of the request. Mr. Dennis McIntyre, 2902 Oakes, owner of the Channel House, stated that his goals were to make his business economically viable, to be a good neighbor and to enhance visitor experience in Anacortes. There were no further comments and Mayor Rice declared the Public Hearing closed. Discussion ensued concerns over parking, infringement on hotel/motel business, disruption to neighborhood and use of detached building for an increase in available units. Mr. Separovich moved, seconded by Mrs. Smith, that the Conditional Use be permitted. Vote: Ayes - Separovich, Brown, Lian, Smith. Nayes - Maxwell. Motion carried. Resolution - Agreement Community Action Agency Mayor Rice explained that cities within the County contribute to the Community Action Agency which provides emergency shelter, help with utility bills, medical aid, nutritional needs, etc., for citizens of Skagit County. The City of Anacortes contributes $4,000 annually to support this agency. Mr. Ian Munce, Planning Director, pointed out that most of that contribution goes toward the maintenance of a toll-free number for Anacortes residents. Mrs. Smith moved, seconded by Mr. Lian, that a Resolution entitled "A Resolution Authorizing and Directing Execution of A Memorandum of Agreement by and between the City of Anacortes and Skagit County Community Action Agency" be adopted and given Resolution No. 1026. Vote: Ayes - Brown, Lian, Smith, Maxwell, Separovich. Motion carried. February 6, 1989 - continued 89® Resolution - Amending Purchase Agreement - Wooding Mr. Ian Munce, Planning Director, reported on the progress of Mr. Wooding's project in the Industrial Park area. Mr. Wooding is asking for a four month extension to complete the work delayed, in part, by the weather. The new completion date would be May 31, 1989. Mr. Maxwell moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Amending Resolution No. 946 passed and approved on the 15th day of June, 1987, Adopting a Real Estate Purchase Agreement by and Between the City of Anacortes and William W. Wooding", be adopted and given Resolution No. 1027. Vote: Ayes - Lian, Smith, Maxwell, Separovich, Brown. Motion carried. Resolution Naming Official City Newspaper Mayor Rice presented a Resolution naming the Anacortes American as the official City newspaper for the publication of all official announcements and ordinances for the year 1989. Mr. Separovich moved, seconded by Mrs. Smith that a Resolution entitled "A Resolution Naming Official City Newspaper" be adopted and given Resolution No. 1028. Vote: Ayes - Smith, Maxwell, Separovich, Brown, Lian. Motion carried. Resolution - Authorizing Purchase of Real Property - Sludge Composting Site Mayor Rice explained that the City has negotiated a $1,500/acre price; earnest money has been submitted; and the total purchase price, closing costs, real estate fees, etc. will be approximately $272,000 for 160 acres of property surrounded by City forest lands and Department of Natural Resources property to be used for composting of sludge from the secondary sewer treatment plant. Mr. Brown moved, seconded by Mr. Maxwell, that a Resolution entitled, "A Resolution Authorizing the Purchase of Three Parcels of Real Property for the Purpose of Providing a Sludge Compostion Site" be adopted and given Resolution No. 1029. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Rezone Request - Seaside Chevrolet - 10th & Commercial Mr. Ian Munce, Planning Director, presented a request from Seaside Chevrolet to rezone the property located at 10th and Commercial from Commercial to Central Business District. A Public Hearing is scheduled before the Planning Commission to consider the request to expand the CBD to include Seaside Chevrolet property at 10th and Commercial. The rezone would provide benefits for Seaside including the ability to build over more of their property, and to allow them to build closer to the right of way. Mr. Munce said that he would continue with the individual rezone request from Seaside or, if the Council directed, he would pursue the more lengthy process of rezoning a larger portion of the Commercial Distirct. The Council suggested that the individual rezone request be handled first. Ordinance - Discontinue Water Disconnect/Reconnect Fees The Council determined that the penalty fees for disconnection and reconnection to the water system are not necessary for efficient operation of the water utility; Mr. Maxwell moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Repealing Ordinance No. 2067 dated May 2, 1988 and Ordinance No. 2034 dated April 20, 1987 Providing for Disconnection and Reconnection to the City Water Supply and Providing Rates Therefore", be adopted and given Ordinance No. 2102. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Zoning Amendment - Lot Size in RL Zone Mr. Maxwell stepped down from the dais. Mr. Ian Munce, Planning Director, explained the two proposed alternatives for handling minimum lot size questions in the Residential Low Density Zone: 1) across the board change in the Zoning Ordinance, 2) handle 6,000 square foot lots through the conditional use process. Mr. Lian moved, seconded by Mrs. Smith, that the Conditional Use Section, Residential Low Density Zone, be amended to include certain lots of 6,000 square feet as building sites. Vote: Ayes - Lian, Smith. Nayes - Brown, Seaprovich, Rice. Motion failed. Mr. Steve Mansfield, City Attorney, suggested that both he and Mr. Munce would draft two alternative ordinances and present them to the Council. December Payroll/Claims Vouchers Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, February 6, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: Payroll warrant numbers 11025 through 11323 in the total amount of $254,976.49 and Claims Warrant numbers 12086 through 13357* in the total amount of $655,595.49. * warrant numbers 13141-13160 and 13177-13227 are January, 1989. February 6, 1989 - continued Rotary RV and Boat Show Site Mayor Rice announced that the proposed site plan for the RV and Boat Show, April 14-16, has been approved by the Traffic Safety Committee, although committee member, Jim Pemberton, Assistant Public Works Director, recommended use of R Avenue rather than Commercial Avenue. The recommendation was made from a traffic safety/fire protection perspective. Mr. Lian felt that the proposed site plan would allow for better viewing of the boats. Mr. Brown moved, seconded by Mr. Lian, that the City accept the boatshow site plan submitted by the Anacortes Rotary Club. Vote: Ayes - Smith, Separovich, Brown, Lian. Nayes - Maxwell. Motion carried. Completion of Sewer Line Rehabilitation ,Mayor Rice announced that the work done by D & L Services of Eugene, Oregon to inspect, test and grout seal approximately 12,000 lineal feet of sanitary sewer was completed as of December, 1988. Total contract amount is $19,483.38. Mr. Brown moved, seconded by Mr. Separovich, that the City Council accept the project as completed and to authorize staff to release the $4,392.65 retainage after a 30 - day lien period. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Opposing Closing Puget Sound to Commercial Fishing Mayor Rice announced that a Resolution is, before the Council opposing the closing Puget Sound to commercial fishing and that the Council opposes the approach embodied in House Bill 1105. Mr. Separovich moved, seconded by Mrs. Smith, that a Resolution entitled, "A Resolution Opposing Closing Puget Sound to Commercial Fishing" be adopted and given Resolution No. 1030. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell. Motion carried. Mayor Rice announced that the next. this meeting would be continued to Tuesday, February 21st at 5:00 p.m. at 4th Street and T Avenue. Mayor Rice announced that an informational meeting would be held on Monday, February 13th with members of F.I.S.E. and representatives from the United States Navy to discusss naval flights patterns over the island area. Mayor Rice announced that the City will be doing repair/asbestos work at the W.T. Preston. Mayor Rice discussed the staking the boundaries of the wetlands near the proposed secondary sewer treatment plant. Costs for the surveying will be shared with the Port. The Council thanked the Mayor for the new overhead display in the Council Chambers. There being no further business, the meeting was adjourned at 9:30 p.m. Ge,e Ktaian, City Clerk -Treasurer 6.1/James Rice, Mayor February 21, 1989 - continued meeting of February 6, 1989 Mayor Rice called the continued meeting of February 6th to order at 7:30 p.m. Invocation was offered by Reverend David Love, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Bill Jackson. Rezone - Cap Sante Area - from LM to RM Mayor Rice reported that the Traffic Safety Committee had met and vetoed the idea of parallel parking on the north side of 4th street. The owners of the Food Bank will be contacted and encouraged to use their alternative parking as soon as possible. The managers of the Food Bank will post "Handicapped Only" in front of the Food Bank. After discusion, Mr. Separovich moved, seconded by Mr. Maxwell, to deny the petition for rezone. Vote: Ayes - Separovich, Brown, Lian, Smith, Maxwell. Abstain: Rock. Motion carried. Skagit Tulip Trekkers Club Mayor Rice stated that he had receivd a request from the Skagit Tulip Trekkers' Club to hold an organized walk (6.2 miles) in Anacortes on April 8 and 9, 1989. The request was presented to and approved by the Traffic Safety Committee. Members of the club will be patrolling the walk route to pick up litter. The club ,U • February 21, 1989 - continued meeting of February 6, 1989 892 is requesting the use of some traffic cones and "caution walker" signs to place along the walk route. Mrs. Smith moved, seconded by Mr. Rock, that the request be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Ordinance - Revision of Sewer Rates Mayor Rice presented a Memorandum from Dave Ford, Public Works Director, explaining the changes in the Sewer Rate Ordinance. After discussion, Mr. Lian moved, seconded by Mrs. Smith that an Ordinance entitled "An Ordinance Amending Section 1 of Ordinance No. 2040 Passed and Approved on the 8th day of September, 1987 and Amending Section 1 of Ordinance 2064 Passed and Approved on April 4, 1988 and Constituting Code Section 19.09.020 of the Official Code", be adopted and given Ordinance No. 2101. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Surplus of Containers Mayor Rice announced that 67 containers were hauled to Skagit Steel during the years 1987, 1988 and 1989. One container was sold to Mr. Pat Quinn (with Council approval), and an additional 25 containers are no longer repairable and are ready to scrapped. Mr. Separovich moved, seconded by Mr. Rock, that the 92 containers be removed from inventory. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. 1989 Fuel Bids Mayor Rice announced that only one proposal was submitted for a recent call for bids for fuel. The Public Works Department recommended to reject the bid received and to resubmit to vendors. Mr. Lian so moved, seconded by Mr. Rock. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Ordinance - Repealing Penalty Fees Mayor Rice presented an Ordiance repealing penalty fees for disconnection and reconnection to the City of Anacortes water system. Mr. Brown moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Repealing Ordinance No. 2067 dated May 2, 1988 and Ordinance No. 2034 dated April 20, 1987 Providing for Disconnection and Reconnection to the City Water Supply and Providing Rates Therefore", be adopted and given Ordinance No. 2102. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Rock. Motion carried. Incinerator Fees - Recycling Mayor Rice announced that the County Commissioners and Mayors had met to discuss a program to handle hazardous household waste. The Mayors and Commissioners agreed to increase the tipping fees at the incinerator $.50/ton. This increase will not affect residential rates. Mayor Rice further stated that there are two Bills in the Legislature on recycling. The Senate Bill calls for a 3% extra tax on garbage bills and for a $5.00 disposal fee. Mayor Rice has written to legislators and committees objecting to the fees. Burlington Northern Property - Wetlands Mayor Rice announced that the City and the Port have agreed to share costs of surveying wetlands on the west edge of S Avenue. Board/Commission Meeting with Council Mayor Rice announced that there would February so that the Council and various Everyone is invited. be an informal meeting on the 13th of Board members can get to know each other. Update on Secondary Sewer Mr. Mike Foster, Operations Superintendent, reported that the configuration of the plant has been finalized. The City will include primary clarifiers and eliminate the digesters. One hundred and sixty acres of privately owned land on Sugarloaf has been identified as a suitable site for compositing, and an offer to purchase this property has been accepted. The plan is to use the finished compost as a soil amendment in the clear-cut areas in the forestlands surrounding the site. Mr. Foster reported on other modifications and completed projects. Mr. Foster stated that numerous meetings have been held with DOE to establish this as a high- cost project so that certain loans can be applied for. The SEPA process has been started on the main plant site. Town Meeting - Secondary Sewer Ms. Marilyn Allen, spokesperson for a citizens group, gave copies to the Council of a petition that has been circulated to gather signatures supporting another request from the City for a waiver from secondary sewer treatment requirements. Legislators have been invited to a Town Meeting on Sunday, February 25, 1989 at 3:00 p.m. February 21, 1989 - continued meeting of February 6, 1989 January Payroll/Claims Vouchers Vouchers audited and certified by the auditing officer as required by RCW. 42.24.080, and those .expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, February 21, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in- the above list,and further described as follows: January: Payroll warrant numbers 11324 through 11674 in the total amount of $259,808.21 and Claims Warrant numbers 13141 through 13492 except Vs 13161-13176 and #'2 13228-13357, in the total amount of $324,916.72. At 8:30 p.m. the Mayor announced that the Council would convene in Executive Session to discuss real estate and personnel matters. At 9:00 p.m. the Council reconvened, and without taking any further action the meeting was adjourned. Ge ge KAtaian, City Clerk -Treasurer March 6, 1989 James Rice, Mayor Mayor rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bill Jackson, Bud Rock. Minutes of Previous Meeting The minutes of the February 6, 1989 meeting, together with its continuation to February 21, 1989, were approved with one modification: On page two of the February 6th minutes, line 2, the words household waste should be changed to read hazardous household waste. The minutes were approved on a motion by Mr. Brown seconded by Mr. Lian. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Jackson, Rock. Motion carried. The Council then heard a report from the Puget Sound Water Quality Authority on the status of their activities. Resolution No. 1031 authorizing the purchase of three parcels of real estate for the purpose of providing a sludge composting site and authorizing expenditure of funds for preparation of an environmental impact statement relative to said sludge composting site was adopted. This action was taken on a motion by Mrs. Smith seconded by Mr. Brown. Vote: Ayes - Separovich, Brown, Lian, Smith, Jackson, Rock, Maxwell. Motion carried. New Business Mayor Rice proclaimed March to be Women's History Month. The Council then adopted Ordinance 2103 authorizing the issuance and sale of sewer revenue bond anticipation notes in the principal amount of $300,000. This action was taken on a motion by Mr. Brown seconded by Mr. Jackson. Vote: Ayes - Brown, Lian, Smith, Jackson, Rock, Maxwell, Separovich. Motion carried. Following on from this action, the Council accepted a proposal from Piper, Jaffray & Hopwood to purchase the notes subject to the terms set -out in their March 6, 1989 letter to the Mayor and City Council. This action was taken on a motion by Mr. Jackson seconded by Mrs. Smith. Vote: Ayes - Lian, Smith, Jackson, Rock, Maxwell, Separovich, Brown. Motion carried. Mayor Rice then opened a public hearing on a proposed new, two -room bed & Breakfast facility proposed for 917 36th St. The proceedings of this public hearing are on tape and filed at City Hall. At the conclusion of the public hearing, Mr. Separovich moved that the Conditional Use be issued. The motion was seconded by Mr. Rock and passed unanimously. Vote: Smith, Jackson, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Mayor Rice then opened a public hearing on a proposal to increase the number of bed and breakfast units at an existing operation at 1318 30th street from two units to four. The proceedings of this public hearing are on tape and filed at City Hall. At the conclusion of the Public Hearing, Mrs. Smith moved that the Conditional use permit be issued for this project. The motion was seconded by Mr. Brown. Vote: Ayes - Jackson, Rock, Maxwell, Separovich, Brown, Lian, Smith. Mayor Rice then opened a Public Hearing on a proposal to expand an existing bed & breakfast operation at 5708 Kingsway from one room to four. The proceedings of this public hearing are March 6, 1989 - continued 894 are on tape and filed at City Hall. At the conclusion of the public hearing Mr. Separovich moved that the Conditional use be issued for this project. The motion was seconded by Mr. Brown and passed unanimously. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith, Jackson. Motion carried. Finally, the Council opened a public hearing on a proposed rezone requested by SEaside Chevrolet to cover their property generally located at 10th and Commercial. The proposal was to rezone the property from Commercial to Central Business District. The proceedings of the public hearing are on tape and filed at City Hall. At the conclusion of the public hearing, Mr. Jackson moved that the rezone be granted. The motion was seconded by Mr. Separovich and passed unanimously. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Jackson, Rock. Motion carried. The Council then passed Resolution No. 1032 setting April 3, 1989 as the Public Hearing date to consider vacation of the east half of "S" Avenue between 4th and 6th Streets. This action was taken on a motion by Mrs. Smith seconded by Mr. Lian. Vote: Ayes - Separovich, Brown, Lian, Smith, Jackson, Rock, Maxwell. Motion carried. Planning Director Munce then discussed an option request by Offshore Industries. Offshore Industries option on property in the City Industrial Park currently expires March 31, 1989. Offshore Industries was requesting of the Council to extend this date for four months. The Planning Director expressed concern about such a lengthy extension and stated that there was other interest in the property. He proposed that the City Council extend the option for Offshore Industries for a period of two months. The Council accepted this recommendation and passed Resolution No. 1033 extending the option request for Offshore Industries to May 31, 1989. This Resolution was adopted on a motion by Mr. Jackson seconded by Mr. Rock. Vote: Ayes Brown, Lian, Smith, Jackson, Rock, Maxwell, Separovich. Motion carried. The Council then adopted Resolution No. 1034 authorizing and directing the Mayor to enter into an Interlocal Agreement with the State Department of Transportation. This Interlocal Agreement will involve the City managing the construction contract for the expansion of the State Ferry Terminal parking lot in Anacortes. This agreement will expedite construction and is intended to ensure that the parking lot will be available for this summer. This action was taken on a motion by Mr. Brown seconded by Mr. Separovich. Vote: Ayes - Lian, Smith, Jackson, Rock, Maxwell, Separovich, Brown. Motion carried. Mayor Rice appointed Mr. Mike Hasty to the Planning Commission. He announced that at the March 13th Study Session the following items would be under consideration: the Spring cleanup campaign, the possibility of an expanded street paving program through the use of funding from the Washington State Public Works Trust Fund, and the possibility of securing an energy conservation loan for improvements at the Anacortes Municipal Building. The meeting adjourned at approximately 8:30 p.m. Geo e K aian, City Clerk -Treasurer March 20, 1989 ,0 "� /� James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Brown, that the minutes of March 6, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Girl Scout Troop # 1122 Mayor Rice introduced leaders Afton Radtke and Bill and Linda Hendrix and members of Girl Scout Troop # 1122. Mayor Rice fielded questions from troop members regarding the future development of Anacortes. Mayor Rice expressed his appreciation for the troop's participation in this evening's meeting. Ordinance - Rezone from Commercial to Central Business District - 10th and Commercial Mrs. Smith moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Amending the Zoning Code to Change the Zoning Classification of a Certain Described March 20, 1989 - continued Area within the City of Anacortes from Commercial District (C) to Central Business Use District (CBD) be adopted and given Ordinance No. 2104. The property is described as Lots 1, 2, 3, 4, 5, 6 and 7, Block 39, Map of the City of Anacortes. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Museum Project - "Anacortes Is Its People" Ms. Kathy Janke, representing the Museum Board, announced the start-up of one of the Museum's projects for this year, "Anacortes Is It's People" The project goal is to have a photograph of each citizen of Anacortes to be displayed in the galleries at the Museum. Resolution - Setting Public Hearing Date - Vacation of Portion of Hartford Avenue Mayor Rice presented a Resolution to the Council setting a Public Hearing date of April 17, 1989 to take comments on a proposed petition to vacate a portion of Hartford Avenue. Mr. Brown moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Fixing a Time When a Petition for Vacation may be Heard and Determined by the City Council in Setting a Public Hearing Date" be adopted and given Resolution No. 1037. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Resolution - Amending Lease with Anacortes Yacht Services Mr. Ian Munce, Planning Director, presented a Resolution authorizing a restructuring of the City's lease with Anacortes Yacht Services whereby the lease payments start lower, ending higher in exchange for a reduction in the leased dock area. The City would be able to use the dock area gained for ingress/egress, enhancing future lease/sale agreements for the remaining available Urban Renewal land. Mr. Jackson moved, seconded by Mr. Brown, that a Resolution entitled "Amending the Lease with Anacortes Yacht Services" be adopted and given Resolution No. 1035. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Proposed Lease - Trident Seafoods, Inc. Mr. Ian Munce, Planning Director, presented a proposed Lease Agreement between the City of Anacortes and Trident Seafoods, Inc. to rent vacant urban renewal property, on a month-to-month basis, for storage of gear during Trident's construction phase of their main plant. Mr. Brown moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Authorizing Execution of a Lease Agreement by and Between the City of Anacortes and Trident Seafoods, Inc.", be adopted and given Resolution No. 1036. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Energy Savings Projects - Municipal Building Mr. Steve Colby, Director of Parks and Recreation, presented a contract between the Washington State Energy Office and the City of Anacortes. The contract approves, through grant and loan programs, certain energy saving projects at the Municipal Building. Mr. Colby said that items to be completed include modifying of the boiler system and the installation of new ballasts in all fluorescent lights. Mr. Jackson moved, seconded by Mr. Separovich, that the Contract be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Parking Lot - Ferry Terminal Landing Mayor Rice announced that due to insufficient funding, the parking lot at the ferry landing will not be developed as first anticipated. The lot will be gravel and will not be fenced. The entrance to the lot as been moved closer to the ferry landing. Mayor Rice explained that fencing/landscaping would be possible next year if additional funding was made available. Mr. Munce requested that the April 3rd Council meeting be continued to April 10th so that a bid award can be made for the ferry parking lot project. Spring Clean-up Mayor Rice announced that the spring clean-up would begin April 1st and would continue in the same manner as last year's program. Statue - Cap Sante Mr. Nick Petrish expressed concern that the proper permit and public hearing processes have not been followed regarding the statue project development. There being no further business, the meeting was adjourned at 8:10 p.m. � Geor Kh�aiah, Ci y Clerk -Treasurer mes Rice, Mayor 895 April 3, 1989 M Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith, Bud Rock. Absent: Ken Brown. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Rock, that the minutes of March 20, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Mrs. Quinn, 5514 Sunset, expressed concern over changes to the ferry terminal parking lot project. Her property abuts the parking lot and Mrs. Quinn wanted to know how the project now differs from the conditions agreed upon during the public hearing process. Mr. Dave Ford, Director of Public Works, said that he would research the development of the parking lot project and invited Mrs. Quinn to meet with him before next Monday night's ferry parking lot bid award. Mr. Maxwell asked if the State had responded to the City's request for traffic control. Public Hearing - Conditional Use - Bed & Breakfast - 1220 31st St. Mayor Rice opened the Public Hearing to take comments on a request by owners of the "Dutch Treat House" Bed & Breakfast to change their designation from "two family units" to the use of five bedrooms. Mrs. Margaret Murphy, 1020 E Avenue, spoke in favor of the Conditional Use for the following reasons: Residential Medium Density zoning; all sleeping units are in the main building including the petitioner's; and no neighborhood complaints. Mrs. Murphy further suggested that the Bed & Breakfast zoning regulations need to reviewed and perhaps modified. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Lian moved, seconded by Mrs. Smith that Council accept the Planning Commission's recommendation to grant the Conditional Use Permit for the use of five bedrooms for the Bed & Breakfast at 1220 31st Street. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mr. Rock asked if a study had been done on changing the utility rates for Bed & Breakfast establishments. Mayor Rice said that the matter would be discussed on the 10th of April. Public Hearing - East Half of "S" Avenue Mayor Rice declared the Public Hearing open on a request by the City of Anacortes to vacate the East Half of "S" Avenue between 4th Street and 6th Street. Mr. Dave Ford, Director of Public Works, explained that the proposed vacated area would be needed for secondary sewer treatment planning purposes. The west half of "S" Avenue would be left open to truck traffic. There were no further comments and Mayor Rice declared the Public Hearing closed. Mr. Jackson moved, seconded by Mr. Lian, that the request to vacate the East Half of "S" Avenue between 4th and 6th Streets in Bowman's Central Ship Harbor be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Bid Award - Ferry Terminal Parking Lot Mayor Rice announced that the meeting of April 3rd would be continued to April 10th to award the parking lot construction bid. Street Closure - DARE Car Show Mayor Rice announced that Seaside Chevrolet and the DARE program are co-sponsors of a car show to be held on the 15th of April and located at the 900 block of 10th Street. The sponsors are requesting that the City block off 10th street from Commercial to Q Avenue between the hours of 6:00 a.m. and 5:00 p.m. Mr. Jackson so moved, seconded by Mr. Rock. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Lian. Motion carried. Mayor Rice thanked Seaside Chevrolet for supporting the DARE program. Conditional Bid Award - 32nd Street TIB Project Mr. Dave Ford, Public Works Director, informed the Council that the City opened bids on March 28, 1989 on 32nd Street Improvements, which is also a Transportation Improvement Board project. The City received 7 bids and the apparent low bidder is Lake Erie Trucking of Anacortes with a bid of $1,043,053.48. The engineering estimate is $1,277.784.31; the Public Works Department is recommending that the Council approve the Lake Erie Trucking bid conditional upon the Traffic Improvement Board approving funding for the project. Mr. Jackson so moved, seconded by Mrs. Smith. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Lian, Smith. Motion carried. Approval of Consultant Services Contract for 32nd Street Construction Engineering and Staking Mr. Dave Ford, Director of Public Works, presented a consultant services contract April 3, 1989 - continued between the City of Anacortes and Entranco Engineers. The contract would be for Construction staking and surveying, construction observation and inspection and construction engineering for the 32nd street improvements. Mr. Ford stated that the charges outlined in the contract were reasonable costs for the work to be done. The project will run from May through September. Mr. Rock requested more information regarding contract charges. Mayor Rice stated that this item would be placed on the agenda for April 10th. Fuel Bids On March 23, 1989, four bids were opened for one year's supply of premium unleaded, diesel and regular fuel. The apparent low bidder on all three items is Reisner Distributor, Inc. City staff recommends that a contract be awarded to Reisner to supply fuel to the City of Anacortes for the next 12 months. The amounts are: Premium Unleaded - $.687/gallon; Diesel - $.655/gallon; Regular - $.567/gallon. Mr. Jackson so moved, seconded by Mr. Maxwell. Vote: Ayes - Maxwell, Jackson, Separovich, Lian, Smith, Rock. Motion carried. Acceptance of Engineering Contract - Leonard & Boudinot Mr. Dave Ford, Director of Public Works, is recommending Council's authorization to enter into an engineering contract with Leonard & Boudinot for provision of survey, plan and profile, drainage study and quantities for the construction of full improvements 40' wide of 4th street, T Avenue and 6th Street directly abutting the secondary wastewater treatment plant site. The cost for services would be on a cost plus basis with a not to exceed amount of $10,000. Information gathered by Leonard & Boudinot would be submitted to our design consultants for use in final design of the wastewater treatment plant. Mrs. Smith moved, seconded by Mr. Jackson, that the contract be awarded as proposed. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - Anacortes Forestlands Trail Plan Mayor Rice announced that at the April 10th meeting, an Ordinance would be before the Council to adopt the Anacortes Forestlands Trail Plan. Mr. Steve Colby, Director of Parks and Recreation, will be attending that meeting to answer any questions. Emergency Services Mayor Rice announced that Mr. Tom Sheehan, Skagit Council Emergency Services, would be meeting with the Council and representatives from Public Works, Fire and Police Departments, Port, schools and utilities and any interested members of the public to review the County's emergency/disaster plan. The meeting will be held on April 24th. Composting Mayor Rice announced that during the months of May through October, the sanitation crews will be picking up grass clippings at no charge. Anyone wishing to take advantage of the service should call first; also, no twigs or branches will be accepted. Ordinance - Nuisance Abatement Mayor Rice stated that the Ordinance before the Council regarding nuisance abatement would be discussed at the April 10th meeting. Executive Session At 8:10 p.m. the Mayor announced that the Council would convene in Executive Session to discuss a possible real estate transaction. Mr. Steve Colby, Parks Director, would be attending the session. At 8:40 p.m. the Council reconvened and without taking any further action, continued the meeting to April 10, 1989 at 7:30 p.m. Georgf,Khtdian, City Clerk -Treasurer April 10, 1989 - continued from April 3rd a�� A� James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith, Bud Rock, Ken Brown. i� April 10, 1989 - continued 899 Minutes of Previous Meeting The minutes of the April 3, 1989 meeting were approved on a motion by Smith seconded by Brown. Vote: Ayes - Maxwell, Jackson, Separovich, Lian, Smith, Rock, Brown. Bid Award - Ferry Terminal Parking Lot City Public works Director, Mr. Dave Ford, recommending awarding the bid to Comm- Exco of Burlington at the price of $75,300.50. After discussion, Mr. Smith moved that the bid be awarded to Comm-Exco. The motion was seconded by Mr. Brown and passed unanimously. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Brown, Maxwell. Motion carried. The Council then continued their discussion of the proposed consultant services contract for the management of the 32nd St. project. After discussion, the Public Works Director recommended awarding the contract to Entranco of Bellevue, Washington, for $162,902.00. Mr. Jackson moved that the contract be awarded to Lake Erie Trucking for this amount. The motion was seconded by Mrs. Smith. Vote: Ayes - Separovich, Lian, Smith, Brown, Maxwell, Separovich. Nay - Rock. Motion carried. Planning Director Munce pointed out that the State Department of Fisheries was requiring that the City conduct some water quality sampling as a condition for recently completed dredging work in the City Industrial Park. Mr. Separovich moved that the City fulfill this contract by entering into a Personal Services Contract with Mr. Paul Cassidy of Eco -Tech for $5,431.36. The motion was seconded by Mr. Jackson and passed unanimously. Vote: Ayes - Lian, Smith, Brown, Maxwell, Separovich, Rock, Separovich. Motion carried. The Council authorized a short-term lease agreement with Anacortes Yacht Services by Resolution No. 10(118. This resolution was adopted on a motion by Jackson seconded by Rock. Ayes - Smith, Brown, Maxwell, Separovich, Rock, Separovich, Lian. Motion carried. The Council adopted Ordinance 2105 vacating the east one-half of S Avenue in the vicinity of the proposed City Sewer Treatment Plant. This action followed-up on a previously held public hearing. Motion was made by Mrs. Smith and seconded by Mr. Lian and passed unanimously. Vote: Ayes - Brown, Maxwell, Separovich, Rock, Separovich, Lian, Smith. Motion carried. The Council then adopted Ordinance 2106 revising the City Zoning Code regarding grandfathering of minimum lot size in the RL Zone. this ordinance was adopted on a motion by Rock seconded by Smith. Vote: Ayes - Maxwell, Rock, Separovich, Lian, Smith, Brown. Nay - Separovich. Motion carried. Finally, the City Council adopted Resolution 1039 adopting the Anacortes Community Forestlands Comprehensive Trail Plan. This action was taken on a motion by Rock seconded by Brown. Vote: Ayes - Rock, Separovich, Lian, Smith, Brown, Separovich, Maxwell. Motion carried. The Council thanked all the committee members and all those who worked on reaching the consensus that this trail plan represents. The meeting adjourned at approximately 8:30 p.m. Aloe— Geo e Kh aian, City Clerk -Treasurer James Rice, Mayor April 17, 1989 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Tom Lian, Helen Smith, Bud Rock. Absent: Ray Separovich, Ken Brown. Minutes of Previous Meeting Mrs. Smith moved, seconded by Mr. Jackson, that the minutes of April 10, 1989 be approved as if read. Vote: Ayes - Jackson, Lian, Smith, Rock, Maxwell. Motion carried. Mr. Ray Separovich and Mr. Ken Brown arrived and took their seats on the dais. Bed & Breakfast Utility Rates Mayor Rice opened a discussion on changing utility rates for Bed & Breakfast establishments from residential to commercial. Mrs. Pat McIntyre, Channel House Bed & Breakfast, asked the Council to consider that Bed & Breakfasts are good, clean neighbors bringing increased sales dollars to the area without a significant overuse of any City services including water and sewer. Mayor Rice explained that April 17, 1989 - continued the City is required by law to provide equitable rates for all users; billing Bed & Q Breakfast establishments at a commercial rate would be a policy change rather than an amendment to the utility rate ordinance. Mayor Rice also pointed out that the Ordinance provides for a reduced summer water rate for residential users and Bed & Breakfast establishments are billed at the reduced rate during the peak tourist season. Mr. John Prosser, 1301 6th Street, expressed opposition to the rate increase. Ms. Leslie Carty, Admiral's Hideaway, stated that the change in rates would cause a 74% increase for her Bed & Breakfast establishment. Ms. Carty asked the Council to further study what a fair portion and equitable rate increase would be. Mr. Mike Hasty, Hasty Pudding House, asked the Council to reconsider the rate change. Mr. Separovich did not want to penalize Bed & Breakfast establishments and thought they should be kept at residential rates. Mrs. Smith moved, seconded by Mr. Separovich, that the proposed policy change to bill Bed & Breakfasts at commercial rates be dropped. Mr. Lian suggested that further study of the matter may be called for. Mr. Jackson stated that a Bed & Breakfast is a commercial entity with the ultimate purpose of making a profit. Mr. Jackson thought that a further study of the Bed & Breakfast issue was appropriate and expressed his appreciation for the Bed & Breakfast owners input. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mayor Rice announced that in 1992 there would be a City-wide rate study and the Bed & Breakfast issue would be reviewed again. Police Protection - West End Mr. Dick Sands, 4817 Yorkshire, requested additional police protection in the Skyline/Clearidge area. Police Chief, Tony Lippe, provided statistical information regarding the increase in crime in Anacortes. Chief Lippe also discussed what the annual costs would be to increase the force by one to provide additional police protection. Residents from the Skyline area made suggestions on how to increase protection. Mr. Maxwell asked Chief Lippe if an additional patrol of the west end area could be scheduled. Further suggestions were made from the audience and Mayor Rice ended the discussion stating that police department development would be pursued at budget time. Adoption of Washington Park Master Plan Mr. Steve Colby, Parks Director and Mr. Jerry Draggoo of JC Draggoo & Associates presented an overview of the proposed revisions and additions to Washington Park included in the Site Master Plan for Washington Park. Mr. Jackson asked how doubling the number of camp sites would affect the park. Mr. Separovich asked if local residents would lose some recreation facilities. Mr. Colby explained that the group and day use area would be doubled in size. Also, local residents, through the survey process, expressed a desire for additional camping space. Mr. Brown stated that he thought the plan was well thought out and if implemented correctly, would be an enhancement to the community. Mr. Jackson moved, seconded by Mr. Maxwell that a Resolution entitled "A Resolution Adopting the Site Master Plan for Washington Park" be adopted and given Resolution No. 1040. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Mr. Roger Mertins, 1014 4th St., thought the plan was a comprehensive one and expressed his appreciation for the well kept trails. Public Hearing - Vacation of Hartford Avenue Mayor Rice opened a Public Hearing to take comments on a Vacation Petition to vacate Hartford avenue street end. Mr. Steve Colby, Parks Director, stated that his department would have no objections to this particular Oakes Avenue street end vacation. Mr. Albert Shaw, one of the petitioners, stated that nothing would be placed on the vacated property, nor would any views be obstructed. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Dave Ford, Director of Public Works, stated that there were no utilities in that area. Mr. Separovich moved, seconded by Mrs. Smith, that the vacation of Hartford Avenue from Oakes Avenue to the Northern Pacific Railway Easement be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Ordering Improvements - Portions of 16th, 27th and 35th Streets Mayor Rice read a Resolution by title setting a public hearing date of May 15, 1989 to begin the LID process on improvements to 16th, 27th and 35th streets. Total estimated cost and expense of the project is $52,000.00. Mr. Maxwell moved, seconded by Mr. Rock, that said Resolution be adopted and given Resolution No. 1041. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Spring Cleanup Expenses Mayor Rice informed the Council and public that during the first 8 days of the annual spring clean-up $5,600 tipping fees have been charged to the City. If costs are to continue in such an accelerated manner, the cleanup policy will have to be reviewed. Mayor Rice announced that there will be no tipping fees at the landfill and at the April 17, 1989 - continued 900 incinerator on May 23, 1989. There being no further business, the meeting was adjourned at 8:55 p.m. Georo Khtaig(n, City Clerk -Treasurer May 1, 1989 ames Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Helen Smith, Bud Rock. Absent: Ken Brown, Tom Lian Announcements Mayor Rice announced that on Saturday, May 6th at 1:00 p.m., the 133rd Army Band from Ft. Lewis will be playing at the W.T. Preston; also the Museum will be sponsoring an exhibition of maritime folklife entitled the Puget Sound Celebration. The exhibit and demonstrations will be at the Anacortes Arts Foundation Depot. Mayor Rice also presented a drawing submitted by Eli Barton, watercolorist, showing a proposed nautical theme for the painting of the smokestack at Boomer's Landing. The Mayor stated that the Port of Anacortes has informally agreed to share the expense of the project, total project costs not to exceed $6,500.00. Mayor Rice encouraged comments from the Council and the public and stated that the matter would be on the June 5th agenda. Mayor Rice informed the Council that he'd received a request from Mrs. Alice Perry, representing the Taste of Skagit, for financial assistance with the Taste of Skagit expenses. The Taste of Skagit is $5,000.00 short of meeting their $35,000.00 cost outlay. Mr. Rock explained that part of the problem was lack of Tulip Festival financial support. Both Mrs. Smith and Mr. Rock stated that the Taste of Skagit was a great success this year and that the benefits derived from the activity are both immediate and long-term. Mayor Rice announced that a Public Hearing would be held on June 5th to take comments on the Cap Sante statue project. Mayor Rice and Mr. Dave Ford, Director of Public Works, will be out of town on the 15th of May. They will be visiting different sludge operations with and without odor controls; the City's consultants recommend an on-site visit to help in the decision making process. February/March Payroll/Claims Vouchers Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, May 1, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: February: Payroll warrant numbers 11680 .through 11965 in the total amount of $264,410.52 and Claims Warrant numbers 13493 through 13822 in the total amount of $211,278.88. March: Payroll warrant numbers 11966 through 12266 in the total amount of $256,614.97 and Claims Warrant numbers 13823 through 14154 in the total amount of $864,202.59. Minutes of Previous Meeting Mrs. Smith moved, seconded by Mr. Jackson, that the minutes of April 17, 1989 be approved as if read. Vote: Ayes - Separovich, Smith, Rock, Maxwell, Jackson. Motion carried. Water Contracts - Shell, Texaco, Oak Harbor, La Conner, PUD Mr. Jackson moved, seconded by Mr. Separovich, that the following Resolutions be adopted and given a number: Resolution No. 1042, A Resolution Authorizing Execution of an Amendment to Water Contract, by and between the City of Anacortes and Shell Oil Company; Resolution No. 1043, A Resolution Authorizing Execution of May 1, 1989 - continued 901 an Amendment to Water Contract, by and between the City of Anacortes and Texaco Refining and Marketing, Inc.; Resolution No. 1044, A Resolution Authorizing Execution of an Amendment to Water Contract, by and between the City of Anacortes and City of Oak Harbor; Resolution No. 1045, A Resolution Authorizing Execution of an Amendment to Water Contract, by and between the City of Anacortes and Town of LaConner; Resolution No. 1046, A Resolution Authorizing Execution of an Amendment to Water Contract, by and between the City of Anacortes and P.U.D. #1 of Skagit County. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Arts & Crafts Festival Street Layout; License Fee/Bond Waiver Mayor Rice read an April, 1989 letter from Gail Weiss, Director of the Anacortes Arts & Crafts Festival, requesting approval of the same street layout used in previous fairs, and to receive a master license with the fee and bond requirements waived for the August 5th and 6th Festival. Mrs. Smith moved that the request be granted, seconded by Mr. Rock. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Smith. Motion carried. Sanitary Sewer Rehabilitation Project Bid Award Mr. Jim Pemberton, Assistant Public Works Director, explained some of the deficiencies found during a 1986 study of 40,000 lineal feet of sanitary sewer line in the older part of Anacortes, north of 12th street and east of B Avenue. The project before the Council is to replace two thousand lineal feet of 6" sewer line. Bids were opened on April 26, 1989 and the three low bids were $198,042.95, Lee Johnson & Sons, $199,886.15, Callen Construction, and $247,459.63, TriCo Construction. The Engineer's estimate for the project was $120,000.00. The Public Works Department recommends that the bid be awarded to Lee Johnson & Sons in the amount of $198,042.95. Mr. Maxwell so moved, seconded by Mr. Jackson. Vote: Ayes - Maxwell, Jackson, Separovich, Smith, Rock. Motion carried. Resolution- Vacation of Portion of 29th Street Mr. Rock moved, seconded by Mr. Separovich, that a Resolution setting June 5, 1989 as the Public Hearing date on a Petition to Vacate a portion of 29th Street be adopted and given Resolution No. 1047. Vote: Ayes - Jackson, Separovich, Smith, Rock, Maxwell. Motion carried. Proposed Sale of Additional Property to Offshore Industries Mr. Ian Munce, Planning Director, described the proposed amendment to the present option held by Offshore Industries for the acquisition of approximately 6 acres of urban renewal property. The amendment would delete the City's requirement to remove dredge spoil placed on the property and would add additional property to their current proposal package. Mrs. Smith moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Amending Resolution No. 998 Passed and Approved on the 18th day of July, 1988, Adopting a Real Estate Purchase Agreement by and between the City of Anacortes and Offshore Industries, Inc." be adopted and given Resolution No. 1048. Vote: Ayes - Separovich, Smith, Rock, Maxwell, Jackson. Motion carried. Agreement with Puget Power Mr. Dave Ford, Director of Public Works, discussed a proposed agreement to turn over those street light systems owned by the City to Puget Power for perpetual operation and maintenance. Discussion ensued regarding costs and current maintenance problems faced by the City. The Council requested more time to review the proposal. The matter will be on the May 15th agenda. Consultant's Agreement - EES, Inc. Mr. Dave Ford, Director of Public Works, discussed a proposed agreement with Economic & Engineering Services, Inc. to provide management and other design services to the City. The additional services to be approved are for provisions of utilities and access road to the proposed compost facility and for the preparation of SEPA/NEPA documents. The proposed work was not contemplated at the time of the original agreement with EES because neither a sludge disposal method nor a site for sludge operations had been chosen. The estimated costs for providing design of utilities and road work is $21,200 and the cost for SEPA/NEPA work will be $12,928. Mrs. Smith moved that the Agreement with EES, Inc. with the attached Task and Budget schedules be approved. Mr. Jackson seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mayor Rice announced that Mr. Francis Barcott would be at the May 8th Study Session to discuss the possibility of potential moorage of large fishing boats in the urban renewal area. Mr. Steve Colby, Director of Parks and Recreation, will be discussing a mausoleum bid and elevator service contract. May 1, 1989 - continued 902 Executive Session At 8:15 p.m. the Mayor announced that the Council would convene in Executive Session to discuss a personnel matter. At 8:45 the Council reconvened and without taking any further action, the meeting was adjourned. .� '. Geor KhtaiXn, City Clerk -Treasurer May 15, 1989 41e� James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Jackson, that the minutes of May 1, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Mr. Gary Smith, representing the Anacortes Chamber of Commerce, presented the first annual production of the Anacortes brochure. Mayor Rice expressed his appreciation for the work done on the project. Agreement with Puget Power Mr. Guy Chapman of Puget Power talked about modifying street lights from 2nd street to 12th street on Commercial from 150 to 200 watt. Mr. Chapman explained that increasing wattage may not be effective as awnings and trees along Commercial might diminish any benefit from increased wattage. Alternative lighting provided by the affected merchants might produce more of the desired result. Mr. Dave Ford, Director of Public Works, further explained the advantages of entering into an agreement with Puget Power to maintain the currently City -owned street lights. Mr. Maxwell said that he felt it was important to maintain the quality of our downtown and moved that the Agreement between the City and Puget Sound Power and Light be approved. Mr. Jackson seconded the motion. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolutions - Street/Alley Vacations (5) Mr. Maxwell moved, seconded by Mr. Brown, that the following five Resolutions be adopted and given numbers. The resolutions set June 5, 1989 as the Public Hearing date for: Resolution No. 1049 petitioning for the vacation of a portion of N Avenue, Resolution No. 1050 petitioning for vacation of a portion of A Avenue, Resolution No. 1051 petitioning for vacation of a portion of alley in Block 21, 34th street & D Avenue, Resolution No. 1052 petitioning for vacation of a portion of F Avenue; Resolution No. 1054 petitioning for vacation of a portion of L Avenue, portion of alley in Block 103, railroad right-of-way, 3rd and 4th Streets. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - Conditional Use - Bed & Breakfast - 1811 9th Street Mayor Rice opened the public hearing on the above referenced matter. Mayor Rice stated that the request for a two -unit bed & breakfast establishment has passed the requirements of the fire and building departments; the Planning Commission held a Public Hearing and after hearing testimony and reviewing the exhibits, voted to recommend approval of the permit to the Council. The Council has received copies of exhibits presented to the Planning Commission together with the Planning Director's Findings of Fact and Conclusions. Mayor Rice presented a letter from Mr. and Mrs. Edwin J. Eriks, 1720 10th street, protesting the establishment of a commercial facility in the neighborhood (Exhibit A); a letter received from Mrs. Mary Earnest, 1801 9th street, supporting the request for a Bed & Breakfast, but expressing concern over future commercialization of neighborhoods (Exhibit B); a letter from Karmen Hardy, 920 G Avenue, objecting to the Bed & Breakfast request (Exhibit C); and a letter and petition from Barbara Jackson, 1903 9th Street, expressing opposition to the Bed & Breakfast and requesting further study of businesses in a residential area (Exhibit D). Mayor Rice asked Mr. Bill Jackson to step down from the dais and then read the letters from Mrs. Hardy and Jackson. Mr. Robert Separovich, address not given, stated that the Planning Commission Public Hearing was improperly held as two members of the Commission are members of May 15, 1989 - continued the Chamber of Commerce; the Chamber endorsed the Bed & Breakfast conditional request. Mr. Mike Hasty, 1312 8th street, further described the reliance of a Bed & Breakfast on a quiet neighborhood setting; also the City had not received any complaints regarding the existing Bed & Breakfasts in Anacortes and recommended approval of the request. Mr. Carlton Manning, 1811 9th street stated that the house sits on four lots and the proposed off street parking is a 3 lot -vacant lot. Mr. Gary Smith, Manager of the Anacortes Chamber of Commerce, expressed the Chamber's favorable support of the Bed & Breakfast application. Barbara Jackson, 1903 9th street, further expressed concern regarding cumulative effect of commercial activity in residential zones. Karmen Hardy, 920 G Avenue, expressed hope that the Council members, as elected officials, would respond to the neighborhood protests of the proposal. Mr. John Oreb, 1803 10th street, objected to the proposal. Miloyka Stambuk, 1818 9th street, expressed opposition to the Bed & Breakfast proposal. Mrs. Creamola Manning, 1811 9th Street, proponent of the project, expressed her determination to continue to maintain the quiet, peaceful neighborhood and will not change the structure or nature of her home. Mr. Dick Dildine, 1211 6th Street, felt that the Council should only consider neighborhood concerns. Mr. Houtz, 1820 10th, spoke in support of the application. There were no further comments, and the Mayor declared the Public Hearing closed. The proceedings are on tape and filed at City Hall. Mr. Separovich stated that he would support a bed & breakfast only if the neighbors wanted it. Mrs. Smith asked if the Conditional Use process included density considerations; Mr. Ian Munce, Planning Director, answered in the affirmative. Mrs. Smith further stated that after consideration, concerns regarding signficant neighborhood impact of a two bedroom bed & breakfast were unfounded, that all staff reports were favorable, and that she would be uncomfortable denying the request. Mr. Brown recommended that further study/review time was necessary. Mr. Brown moved, seconded by Mr. Lian, that the matter be placed on the June 5th agenda. Vote: Ayes - Lian, Smith, Rock, Maxwell, Brown. Nayes - Separovich. Motion carried. Mr. Steve Mansfield, City Attorney cautioned the Council that any discussion of this matter should take place in a Council setting. Mr. Jackson returned to his seat. Public Hearing - Improvements to Portion of 16th Steet, 27th street West of Commercial and 35th Street from R Avenue to T Avenue Mayor Rice declared the Public Hearing open to take comments on the proposed improvements to the above mentioned streets and the formation of a Local Improvement District. Mr. Jerry Cunningham, 518 38th street, encouraged the Council to vote for the LID. Mr. Robert Anderson, 710 35th Street spoke in favor of the LID. Mr. Kevin Berg, 516 35th street, also expressed concern over the dust/hazardous condition of the road and spoke in favor of the LID. Mrs. Shari Berg, 516 35th Street, expressed concern over increased speed if road is paved. Mrs. Garcia, no address given, spoke in favor of the LID and asked that speed limits be posted for trucks. Larry Lawrence, 2702 Commercial spoke in favor of the paving project. Mr. Terry Christianson, Fidalgo Island Realty spoke in favor of the LID. Mr. Doug Colglazier, 2719 16th street, commented on similar problems on 16th street; dust, traffic speed and drainage problems. Mr. Colglazier also complimented Mr. Jim Pemberton, Assistant Public Works Director, on his work on this project. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell expressed concern for the financial burden the LID would place on those people on fixed incomes. Mrs. Smith moved, seconded by Mr. Rock that an Ordinance ordering improvements of portions of 16th street, 27th street and 35th street be adopted and given Ordinance No. 2107. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Authorizing Interlocal Agreement With DOT Mr. Ian Munce, Planning Director, presented the Resolution and Agreement between the City of Anacortes and the Department of Transportation for development of impact fees on state highways. Mr. Munce explained that irrespective of gas tax revenues, there will not be enough monies to take care of the long term development needs. The state is looking for cooperative arrangements across the state with local jurisdictions. After discussion, Mr. Jackson moved, seconded by Mr. Lian, that a Resolution entitled "Authorizing Interlocal Agreement with the Department of Transportation for Development Impact Fees on State Highways" be adopted and given Resolution No. 1055. Vote: Ayes - Rock, Jackson, Brown, Lian, Smith. Nayes - Maxwell, Separovich. Motion carried. Ordinance - Loan from Water Fund to LID 198 Mayor Rice presented an Ordinance to Council that states that of the $18,450.00 owed by the assessed property owners of LID 198, $10,034.63 was paid off during the 30 -day interest-free prepayment period leaving a 12 -year note for $8,415.37 to be sold to and purchased by the Water Fund. The note shall bear interest at the rate of 7.50% per annum. Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance 903 May 15, 1989 - continued 904 entitled "An Ordinance of the City of Anacortes, Washington, Fixing the Amount, Form, Date of Issue and Maturity, and Interest of Installment Note: Directing the Issuance and Sale Thereof unto the City of Anacortes Water Fund, Pertaining to Local Improvement District No. 198" be adopted and given Ordinance No 2108. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Consultant Agreement - R.W. Beck - Design of 24" Waterline Replacement Mr. Jim Pemberton, Assistant Public Works Director, explained that a section of 24" pipeline on Young Road between Best Road and LaConner Whitney Road has been identified for replacement. Mr. Pemberton further explained that replacing this line will improve the system reliability and increase the pipeline capacity by approximately 3 million gallons per day. A contract has been negotiated with R.W. Beck in the amount of $81,000 to provide design work including surveying and soil investigation. Mrs. Smith moved, seconded by Mr. Brown, to approve the consultant agreement between the City of Anacortes and R.W. Beck for design work on replacement of a portion of 24" line in the amount of $81,000. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Utility Extension Agreement - The Point Division II Mrs. Smith moved, seconded by Mr. Separovich, to accept a water extension to the Point Division II as complete. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Increase Petty Cash Fund for Washington Park Mr. Separovich moved, seconded by Mr. Brown, that a Resolution entitled "Resolution Amending Resolution No. 1006, dated August 15, 1988 by Adjusting the Park/Recreation Change Fund" increasing the fund amount by $25.00 be adopted and given Resolution No. 1056. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Extension of Offshore Industries Option - Urban Renewal Mr. Brown moved, seconded by Mr. Rock, that Offshore Industries' request to extend their option until July 3rd, 1989 at $280.00 per day be approved. The daily rental payment is to be credited against the purchase price. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Paint Spraying Machine Mr. Jim Pemberton informed the Council that only one bid was received for a paint striping machine; Norris Paint Company, Salem, Oregon, in the amount of $26,208.50. The City has budgeted $25,000 for this item. Mr. Brown moved, seconded by Mr. Jackson, that the bid by awarded to Norris Paint Company in the amount of $26,208.50. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Review Board - Forest Practices Act Mayor Rice announced that Dean Maxwell will be representing the Council on the Ad Hoc Committee to review forest practices/policies. Request for Use of Hotel/Motel Tax Monies Mayor Rice announced that three requests for hotel/motel fund monies have been received: 1) $5,000 from Taste of Skagit. Mr. Steve Mansfield, City Attorney, requested more time to review the request and the matter will be on the June 5th agenda; 2) Mrs. Smith moved, seconded by Mr. Jackson, that the request for $3,000 for July 4th fireworks be denied. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith. Nayes - Rock. Motion carried. 3) Mayor Rice also requested that the City Council consider the future expense to sandblast and prime the W.T. Preston. Also, the Mayor distributed information on an air -driven calliope to be used during July 4th, Shipwreck Days, Arts & Crafts and any number of community activities. The Mayor asked the Council to consider purchasing one for the City. Executive Session At 9:15 p.m. the Mayor announced that the Session to discuss a land sale. At 9:45 the any further action, the meeting was adjourned. Ge getaian, City Clerk -Treasurer Council would convene in Executive Council reconvened and without taking aeg,p. A 6)1James Rice, Mayor June 5, 1989 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Rock, that the minutes of May 15, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence/Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Conditional Use Application - Bed & Breakfast - 1811 9th St. - Decision Mayor Rice provided background information on a request to operate a two -room Bed & Breakfast at 1811 9th Street. Public Hearings were held before the Planning Commission and City Council. Mr. Steve Mansfield, City Attorney, responding to public inquiries, explained that RCW 42.36.090 prohibits Council members from making ex -parte contact outside of the Public Hearing setting. Mr. Jackson asked to be excused and stepped down from the dais. Mrs. Karmen Hardy, 920 G Avenue, wished to go on record that there might be a problem with the proceedings regarding the notification of property owners within 300 feet of the subject property. Mr. Mansfield addressed the objection raised during the Public Hearing regarding the membership of some Council members in the Chamber of Commerce. As four Councilpersons are members of the Chamber, their inability to vote would prevent a quorum; therefore the Appearance of Fairness Doctrine would not apply. Mr. Robert Separovich wished to go on record to challenge the four Council members who are members of the Chamber of Commerce. Mrs. Smith moved, seconded by Mr. Lian, that the Conditional Use Application to operate a Bed & Breakfast at 1811 9th Street be granted subject to the following conditions: 1) limited to two rooms; 2) the owner shall be the operator of the facility and shall reside on the premises; 3) signs shall be limited to one sign which will not exceed 2 square feet in area and which shall be placed on the property on which the bed and breakfast facility is located. Such sign shall use nonflashing nonreflective materials; and'the legend shall show only the name of the facility and/or the operator and/or the address. The color shall be non -garish and consistent with residential character; 4) the facility shall meet all applicable city, county or state regulations; 5) the facility shall be operated in such a manner as not to give the outward appearance of a business, in the ordinary meaning of the term, and shall not infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell. Nayes - Separovich. Motion carried. Painting the Smokestack - Boomer's Landing Mayor Rice called for comments for or against the expenditure of the hotel/motel tax to paint the smokestack at Boomer's Landing with a nautical theme. The total project cost is $6,500; subject to Council and Port Commission approval, the project will be opened up for bids. Mrs. Smith moved, seconded by Mr. Separovich, to approve the expenditure of hotel/motel monies to paint the smokestack with a nautical theme. Mr. John Prosser, 1301 6th Street, pointed out that repeated requests for financial support for the Visitor Information Center has been denied. Mrs. Smith commented that the painting of the smokestack is in keeping with the Council's policy of asset development. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. Nayes - Maxwell. Motion carried. Proclamation - National Safe Boating Week Mayor Rice read a Proclamation proclaiming the week of June 4, 1989 as National Safe Boating Week. Shipwreck Days - July 15, 1989 Mayor Rice presented a request from Natalie Ivey, Chairman, 1989 Shipwreck Days, that four blocks from 5th to 9th street on Commercial Avenue be blocked from traffic from 7:00 a.m. until 6:00 p.m. on the 15th of July. Mr. Lian moved, seconded by Mr. Brown, that the requested by granted. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance - Nuisance Abatement Mr. Maxwell requested that the Council have more time to review the Ordinance. The matter will be on the July 3, 1989 agenda. 905 0100 June 5, 1989 - continued Surplus Equipment and Vehicles Mr. Rice presented a list of equipment declared surplus by their respective departments. The Equipment Rental Division has requested that the items on the list, together with a 1976 Ford Torino and 1968 Mercedes Sedan, be declared surplus and their sale, via auction and/or negotiated sale be ordered. Mr. Brown so moved, seconded by Mr. Jackson. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Mrs. Smith inquired as to what public notification methods the City will use for the auction. Letter from Rick Latham - Forestry Donation Mayor Rice read a letter from Mr. Rick Latham, Trustee of the Gerry Wallrath Trust, pledging the Trust's annual income toward the management of the Community Forest Lands. Mayor Rice expressed appreciation for this pledge. Wetland/Wastewater Treatment Conference - City Co -Sponsor Mayor Rice explained that the Planning Commission is requesting that the City co- sponsor a Wetland/Wastewater Treatment Conference on August 10, 11 and 12, 1989. The Commission is requesting that the City contribute a share of the airfare and per diem expenses incurred by Dr. Hammer of the Tennessee Valley Authority, one of the speakers at the conference. The estimated expenditure would be $1,000. Mr. Rock moved, seconded by Mrs. Smith to approve the expenditure. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Vacation - Trident - Portion of L Avenue, Alley block 103. Mayor Rice opened the Public Hearing on the above referenced Petition to vacate a portion of L Avenue, an alley in Block 103, "Map of the City of Anacortes", railroad right-of-way within 4th street between Blocks 103 and 104 and railroad right-of-way within 3rd street between Blocks 70 and 71. In consideration for Trident's cooperative arrangement on the "N" Avenue street end park, it was recommended that the vacations be granted at no cost. Additionally, Trident has determined to build a turn -around so that the alley can be easily accessed. The final recommendation was that utility easements be retained over all segments. Mr. Separovich moved, seconded by Mr. Jackson, that the vacation requests be granted. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Public Hearing - Vacation Request - Portion of N Avenue Mayor Rice announced that Mr. Dave L. Knutsen had withdrawn his petition for vacation. Public Hearing - Vacation Request - Cornell - Portion of A Avenue Mayor Rice opened the Public Hearing on the above referenced Petition to vacate a portion of "A" Avenue (intersection of Alaska and 15th Street). Mr. Richard Dildine, 1201 6th Street, expressed concern about cutting off access to the west end. Mr. Lloyd Bass, 1518 K Avenue, asked for clarification on the location of the proposed vacation area as there may be a gas line located there. There were no further comments and the Mayor closed the Public Hearing. The drawings presented to the Council did not adequately describe the area to be vacated and the matter was postponed until the June 19, 1989 meeting to provide more review time. Public Hearing - Vacation - Klingman - Alley, 34th & D Avenue Mayor Rice declared the Public Hearing open on a request to vacate the alley in Block 21, Kellogg and Ford's Addition to the City of Anacortes. Mr. Klingman was not present at the hearing and the matter was continued to June 19, 1989. Public Hearing - Vacation - Reinstra - Portion of F Avenue Mayor Rice opened the Public Hearing on a request to vacate F Avenue lying between Lots 8, 9 and 10, Block 3 and Lots 1, 2 and 3, Block 6, DAVIS' FIRST ADDITION. Mrs. Nancy Reinstra, 1919 12th street, and Mr. Maynard Hill, 2003 12th street, petitioners, requested the vacation so that they can have a place to park their vehicles. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith stated that in consideration of three staff recommendations to deny the request as the vacation could cause future access problems for acreage to the south, she moved to deny the vacation request. Mr. Jackson seconded the motion. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - More - Vacation of Portion of 29th Street Mayor Rice opened the Public Hearing on a request by Mr. Tom More to vacate a portion of 29th Street. Mr. Dave Ford, Director of Public Works, stated that the portion of 29th street to be vacated is only 3 feet wide and that the petitioners own property on both sides of this 3' strip. There were no objections from City staff to this request, but Mr. Ford recommended that an easement be retained for a waterline that is located in this area. Mr. More, 2007 Anacopper Road, stated that the area to be vacated is already fenced off and part of his pasture and they wished to maintain use and access to the property. There were no further comments June 5, 1989 - continued and the Mayor declared the Public Hearing closed. Mr. Brown moved, seconded by Mr. Separovich, that the request to vacate a portion of 29th street be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Community Activities - 4th of July Mrs. Felicia Childs requested that the Council consider support of the July 4th activities. Mr. Rock moved, seconded by Mr. Separovich, that $500.00 expenditure be approved to be used toward July 4th activity awards and prizes. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown. Nays - Lian. Motion carried. Appointment Mayor Rice announced that he has appointed Malcolm Hardy to the Forestry Board Ad Hoc Committee to review forest practices/policies. Public Hearing - Statue Mayor Rice opened the Public Hearing the Lady of the Sea statue project. the Park Board and City Council; the Anacortes Arts Foundation. to take comments on the Cap Sante location for The Cap Sante location has been approved by statue project is an umbrella group with the Mr. Francis Barcott, 1820 8th St., stated that Cap Sante is the ideal location for the statue. Mr. Nick Petrish, 1320 8th Street, recommended that location/project be put to a public vote. Mr. Scott Gorman, 1207 33rd St., recommended the issue be put to a public vote. Mr. Herb Pearson, 2012 10th St., stated that the statue would not be an improvement to the Cap Sante area. Mr. Kip Marcinko, 555 W. Shore Drive, opposed use of Cap Sante for the statue. Mr. Frank Radecke, no address given, stated the project should be placed for public vote. Margaret Yeoman, 11th street, suggested that the approval of the site by the Park Board and Council was in conflict with the Comprehensive Plan. Mr. Dusan Mrak, 382 Campbell Lake Road, spoke in favor of the project and location. Mr. Bill Mitchell, 807 27th St., spoke in favor of the location. Mrs. Joy Werner, 904 8th St., spoke in favor of the location. Mr. Mike Hasty, 1312 8th St., spoke in favor of a public vote. Mr. Gene Derig, 1302 K Avenue, objected to the use of Cap Sante for the statue. Mrs. June Separovich, 1117 3rd St., spoke in favor of the project and site. Mr. Gary Gagiano, 719 Q Avenue, spoke in favor of the Cap Sante site. Felicia Childs, 809 33rd St., spoke in favor of statues in general and the site in particular. Dick Dildine, 6th Street, objected to the use of Cap Sante for the statue. Discussion ensued, and Mr. Separovich discussed the committee organization, history of the project, etc. Mayor Rice closed the Public Hearing and thanked everyone for their participation. Grass Clipping Pick-up Mayor Rice announced that grass clippings will be picked up on regular pick-up days through the month of June. Starting Saturday, June 10th, from 10:00 a.m. to 3:00 p.m., grass clippings, twigs and branches will be accepted at the dump site at 38th and A Avenue. There being no further business, the meeting was adjourned at 9:30 p.m. Georg hta/an, City lerk-Treasurer June 19, 1989 �James-Ric-e—,Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith, Bud Rock. Absent: Ken Brown. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mr. Rock, that the minutes of June 5, 1989 be approved as if .read. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion.carried. Mr. Ken Brown arrived and took his seat. Anacortes Elks Run for the Kids, September 16th, 1989 Representatives from the Elks Club are sponsoring a sanctioned 10 -kilometer run on the 16th of September. The proceeds from the marathon will go towards the Elk's therapy program and to Children's Hospital. The Elks anticipate 2,000 plus entrants. The route will be from Market Street to Fidalgo Bay Road. Mr. Separovich moved, seconded by Mr. Rock, that the route and street closure proposal for the Anacortes Elks Run for the Kids to be held on September 16, 1989, be 907 approved as presented. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Chamber of Commerce - 9th Street and Commercial Avenue Location Mayor Rice opened discussion on a request by the Chamber of Commerce for $60,000 over a five year period for public restrooms at the proposed 9th street Chamber location. The Mayor recommended approval of the request, stating that, upon Council approval, the City Attorney would prepare an Interlocal Agreement between the City and the Chamber. Mr. Bob Donovan, Chamber President, said that the Chamber has a unique opportunity to purchase property ideally suited to the Chambers needs. The Chamber members will vote the following morning on whether to exercise the option to purchase and were requesting a financial commitment from the City. Mrs. Smith expressed concern that the 2% Hotel/Motel revenues would be used for rest rooms/meeting rooms only; the Mayor suggested that the Interlocal Agreement would address that issue. Mr. Lian supported the development of public restrooms; however, he expressed concern about a commitment of more than $12,000 per year to the Chamber. Mrs. Smith voiced the same concern, and hoped that the public would be made to feel welcome to use the facilities. Mr. Jackson moved, seconded by Mrs. Smith, that the City enter into a contractual agreement with the Chamber of Commerce for $1,000/month for 5 years, funded through the Tourism Fund. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Tourism Fund - Use for Parks Mayor Rice announced that at the annual business meeting of the Association of Washington Cities, a Resolution amendment was passed and sent to the legislature authorizing the use of tourism funds for park purposes. Anacortes Arts Foundation - Depot Market Ms. Kathy Janke, representing the Anacortes Arts Foundation, announced the opening of an open-air market to be held every Saturday, 10:00 a.m. to 2:00 p.m. at the Depot. Ms. Janke invited the Mayor and Councilmembers to attend, stating that the Foundation's purpose in sponsoring the Depot Market is to encourage a sense of community, and to provide an activity that everyone can enjoy. Building Permit Fee Increase Mayor Rice explained that the Council had reviewed the proposed building permit fee increase. Mayor Rice expressed concern over the condition of paved streets in town, and more monies are needed for patching and repaving; excess funds from the permit fee increase could be used to improve streets. Mr. Rock inquired as to the type of computer system the Building Department is proposing to implement. Mr. Separovich moved, seconded by Mrs. Smith, that the building permit fees be increased to the Uniform Building Fee Schedule level for single family dwellings to the 1982 schedule, commercial fees to be at the 1988 level. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Vacation Request - Cornell - Portion of A Avenue - Decision Mr. Dave Ford, Director of Public Works, addressed concerns that the granting of this vacation request would block future access to the west end. Mr. Ford stated that the vacation would not be a detriment to access east or west, nor are there utilities in the area to be vacated. Mrs. Smith moved, upon staff recommendation, that the Vacation request be granted. Mr. Lian seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Nuisance Abatement Mr. Brown moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Defining Certain Nuisances, Providing Definitions, and Providing for Abatements and Penalties for Maintaining said Nuisances" be adopted and given Ordinance No. 2109. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Continued Public Hearing - Vacation - Klingman - Alley, 34th & D Ave Mayor Rice invited comments on the continued public hearing regarding the request to vacate the alley in Block 21 of Kellogg and Ford's Addition. Mr. Dave Ford, Director. of Public Works, stated that vacating the alley would not block vacated property to the east, and there are no utilities in the alley. Mr. Klingman, proponent, stated that there's a drainage problem with the property and that the area needed to be cleaned up. Upon staff recommendation for approval, Mr. Brown moved, seconded by Mr. Lian, that the vacation request be granted. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Fireworks Stand - 22nd and Commercial Fire Chief, Cecil, Little, presented a memo to Council regarding an application by the Anacortes Lions Club for a retail fireworks stand to be located at 22nd Street 909 and Commercial Avenue. The stand will be placed in the parking area belonging to Anacortes Marine. Chief Little recommended approval of the application. Mr. Separovich so moved, seconded by Mr. Rock. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Resolution - Authorizing Application for Funding Assistance - Washington Park Mr. Steve Colby, Park Director, presented a Resolution to Council stating that this funding request was the first step in implementing the recently approved Park Comprehensive and Master Plans. The funding requested will be used primarily for improvements to Washington Park. Mrs. Smith moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Authorizing Applications for Funding Assistance for an Outdoor Recreation Project to the Interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act" be adopted and given Resolution No. 1057. Vote: Ayes: Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Collins Mr. Rock moved, seconded by Mr. Brown, that a Public Hearing date of July 17, 1989 be set to review a request to vacation a portion of "U" Avenue. Resolution No. 1058 was adopted. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Offshore Industries - Time Extension Mayor Rice presented a request from Offshore Industries to extend their 33 -day option period through July 17, 1989. The daily rate for the extended option period is $280.00 for a total of $3,920. Mr. Jackson so moved, seconded by Mr. Rock. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Modifications to Bed & Breakfast Ordinance Based on public response at recent public hearings, the Council is directing the Planning Commission to a) hold a Public Hearing on July 12, 1989, to discuss possible modifications to the Zoning Ordinance regarding Bed & Breakfast establishments, and b) that a moratorium be placed on any Bed & Breakfast Conditional Use applications until a review has been made. Mr. Maxwell so moved, seconded by Mrs. Smith. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Mrs. Smith moved, seconded by Mr. Lian, that the Planning Commission also review the Home Occupation Permit section of the Zoning Ordinance. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Utility Extension Application - Stavig Mayor Rice presented a request by Mr. Charles Stavig for a utility extension on Rosario Road. The extension would be approximately 1.2 miles in length and would extend from Highway 20 at Pass Lake to the site of the proposed Deception Pass Gardens. Mr. Stavig would finance the extension himself with a latecomer's agreement to be requested. Design details are to be approved by the Public Works Department. Mr. Brown moved, seconded by Mr. Lian that the utility extension be approved. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Water Supply•Agreement - Del Mar Community Services Mayor Rice presented the recommendation made by the Public Works Department to approve a Water Supply Agreement with Del Mar Community Services. The City owns and operates the water supply system, has water supply available to serve the Del Mar Community and is willing to supply water according to the terms of the agreement. The purpose of the agreement is to provide an emergency standby water supply for fire and domestic use and not to provide additional water for general use. Mr. Jackson moved, seconded by Mr. Separovich, that the Water Supply Agreement between the City of Anacortes and Del Mar Community Services, Inc. be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. 6 -Year T.I.P. - Set Public Hearing Date Mr. Rock moved, seconded by Mrs. Smith, that July 17, 1989 be set as the Public Hearing date for the 6 -Year Transportation Improvement Plan. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Short -Term Use Agreement with Trident Seafoods - Portion of City Dock Trident Seafoods has requested the use of the City dock for an average of 3 hours per day, 4 days per week for the months of July, August, September and October of this year. Trident will pay $1,000 per month for their use of the dock. Mr. Separovich moved, seconded by Mr. Lian, that a Resolution entitled "A Resolution Amending Lease Agreement by and between the City of Anacortes and Trident Seafoods, Inc." be adopted and .given Resolution No. 1059. Vote: Ayes - Jackson,.Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. . Meeting Schedule Mayor Rice announced that the next regularly scheduled meeting of July 3, 1989 is cancelled, the Study Session of July 10, 1989 is cancelled and the next Council meeting will be on July 10, 1989. Mrs. Smith moved to approved the schedule changes, seconded by Mr. Rock. -Vote:- Ayes Separovich, Lian, Smith, Maxwell, Jackson. Nay - Brown, Rock. Motion carried. There being no further business, the Geor Kht pian, Cit Clerk -Treasurer July 10, 1989 meeting was adjourned at 9:00 p.m. /�4rf/yA� Ate. James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Tom Lian, Helen Smith, Bud Rock. Absent: Bill Jackson, Ken Brown. Minutes of Previous Meeting Mrs. Smith moved, seconded by Mr. Lian, that the minutes of June 19, 1989 be approved as if read. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Mr. Nick Petrish, 1320 8th Street, announced the formation of a citizens group to preserve Cap Sante. Mr. Petrish further announced that the newly formed group would be approaching the Council for financial assistance in the same amount pledged by the City for the Cap Sante statue project. Ordinance - Vacation - A Avenue Mr. Lian moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Vacating a Portion of A Avenue Abutting the West Property Line of Lot 11, Block 246, Map of the City of Anacortes", be adopted and given Ordinance No. 2110. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Ordinance - Vacating Portion of Block 21, Kellogg and Ford's Addition Mr. Lian moved, seconded by Mr. Rock, that an Ordinance entitled " An Ordinance Vacating a Portion of Block 21, Kellogg and Ford's Addition", be adopted and given Ordinance No. 2111. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Lian., Motion carried. Ordinance. -.Vacating a Portion of L Avenue Mr. Lian moved, seconded by Mr. Rock, that an Ordinance entitled "An Ordinance Vacating a Portion of "L" Avenue lying North of 5th Street and a Portion of Alley in Block 103, Map of the City of Anacortes", be adopted and given Ordinance No. 2112. Vote: Ayes - Rock, Maxwell, Separovich, Lian, Smith. Motion carried. Ordinance - Vacating a Portion of 29th Street Mr. Lian moved, seconded by Mrs. Smith, that an Ordinance entitled "An Ordinance Vacating a Portion of 29th Street Lying Between Block 13 of Tuttle & buckley Addition-, be adopted and.given Ordinance No. 2113. Vote: Ayes - Maxwell, Separovich, Lian, Smith, Rock. Motion carried. Application for Public Works Trust Fund Loan Mayor Rice explained to the audience that it has been determined that savings could be realized by combining portions of the Skyline Conveyance System and the Sewer Rehabilitation Projects. Public Works Trust Fund staff have recommended July 10, 1989 - continued 917_ that the City delete portions of the PWTF project in question and submit an application covering these projects for the next go -round of loans. Mr. Lian so moved, seconded by Mrs. Smith. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Public Transit Benefit Area Mayor Rice discussed a meeting held with the County Commissioners regarding public transportation. The Commissioners are requesting that each City send a letter of intent to participate in the initial development process for a public transportation system. The letter of intent does not bind the City to public transportation. There will be two public hearings held. Mr. Al Stellwagen, representing a public transit support group, pointed out that the system would be intra -City routes, attracting island traffic to Anacortes and retirement investments. Mr. Gary Smith, Chamber of Commerce, presented the Council with information gathered by the Chamber regarding concerns and goals of an Anacortes Transit Program as well as proposed costs/revenues. Mrs. Smith moved, seconded by Mr. Lian, that the City participate in the initial exploration of public transit with a Letter of Intent. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Wetland/Wastewater Treatment Conference - Contract/Fees Mayor Rice read a letter regarding a contract between the City and Dr. Hammer of the Tennessee Valley Authority to share in the airfare and per diem expenses incurred by Dr. Hammer to participate in a Wetland/Wastewater Treatment Conference on August 10, 11 and 12, 1989. The contract calls for an additional $1,250 above the already approved $1000 expenditure. Mayor Rice recommended that the Contract be approved with the proviso that the additional $1,250 to be reimbursed by the Conference co- sponsor. Mr. Separovich so moved, seconded by Mr. Lian. Vote: Ayes - Smith, Rock, Separovich, Lian. Nay - Maxwell. Motion carried. Ordinance - Franchise - Tommy Thompson Mr. Stephen Mansfield, City Attorney, introduced by title "An Ordinance Amending Section 1 of Ordinance 1995 passed and approved on the 18th day of November, 1985" granting a. Franchise to Anacortes Railway. The Ordinance will be on the July 17th agenda for approval. Mr. Dick Dildine, 1211 6th Street, requested that Vacation Ordinances include street addresses/locations as well as legal descriptions. There being no further business, the meeting was adjourned at approximately 8:30 p.m. R- Z� Geor Kht ian, Cit lerk-Treasurer July 17, 1989 James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Bill Jackson Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Rock, that the minutes of July 10, 1989 be approved as if read. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Fire Chief Little, on behalf of the Anacortes Chapter of the Good Sam Club, expressed appreciation for the use of "R" Avenue for the club's weekend rendevous. Mr. David Austin, 5702 Rosario Way, reported to the Council that the new home that he purchased and moved into was not completed and that the builder had been unresponsive to requests to finish the house. A Certificate of Occupancy had not been issued by the Building Department, and Mr. Austin wanted to know how the City enforces the building codes.. The Mayor explained the inspection procedures and the steps taken by the City to encourage the builder of Mr. Austin's home to fulfill his responsibilities. Steve Mansfield', City Attorney, explained that the Uniform Building Code does not provide for remedy in this situation except against the occupant of the property. Mr. Austin expressed appreciation for the assistance from the Building Department and City officials. Mr. Rock recommended that the Department of Labor & Industries be informed of the 91 2july 11, 1989 - continued builder's performance. Public Hearing - Conditional Use - Four-plex at 35th & K Avenue Mayor Rice opened the Public Hearing to take comments on a proposed project to build four four-plexs and a single family residence at 35th street and K Avenue. The property is zoned Residential Medium Density. Mr. Ian Munce, Planning Director, provided the background on Planning Commission results including exhibits, testimony and the Planning Commission's recommendation for approval with conditions. The following public testimony is on tape and filed at City Hall. Mr. G. L. Bowman, 3410 K Avenue, said that the pristine nature of the area should be protected and that traffic will be a problem. Mr. Rick Dickison, 1710 35th Street, stated that the increased traffic would have an adverse impact on the neighborhood, and children would be exposed to more traffic hazards. Mrs. Carol Miner, 1308 34th Street, purchased her property because of the safe, quiet non -transient aspect of the neighborhood, and stated her opposition to the project. Mr. Bob Rajewski, project proponent, stated that he had tried to address the issues raised by the Planning Commission. Ms. Bunny St. Clair, 3406 K Avenue, presented a letter from Jim Tribou at the same address, requesting that the Council reject this project. Juanita Latham, 1413 34th St., stated tht the narrow streets would not allow for parking and two-way traffic and stated her opposition to the project. Mrs. DeForrest, 1605 36th St., moved into the neighborhood because it was quiet and safe and opposed the project. Mr. Marty Laumbattus, 1509 40th St., suggested expansion of the RH zone to accommodate apartments and opposed that type of project in his neighborhood. Ms. Cynthia Dolman, 1107 3rd St., stated that K Avenue was too narrow to bear additional traffic and opposed the project. Mr. Ron West, 3518 K Avenue, submitted letters to the Council opposing the project and also recommendations for action should the Council approve the project. Mr. Terry Christiansen, 3302 K Avenue, opposed the project. Mr. and Mrs. Kenth Forsman, 1605 35th St., opposed the project. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell opposed the end of street cul-de-sac and wanted to keep the rural areas intact. Mr. Separovich moved, seconded by Mr. Maxwell, that the Conditional Use application be denied. Mrs. Smith expressed concern for only one outlet from the project, and that there would be a significant impact on the neighborhood due to increased traffic. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Ordinance - Franchise - Anacortes Railway Mr. Steve Mansfield, City Attorney, presented an Ordinance to the Council that reflected the increased track line for the Anacortes Railway. Mr. Rock moved, seconded by Mr. Maxwell, that an Ordinance entitled "An Ordinance Amending Section 1 of Ordinance No. 1995, Passed and Approved on the 18th Day of'November, 1985", be adopted and given Ordinance No. 2114. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Public Hearing - 6 -Year Transportation Improvement Program Mayor Rice opened the Public Hearing on the updating of the 6 -year T.I.P. Mayor Rice read the list of street projects included in the Program. Additionally, Mayor Rice recommended that item 6. " West end Road from 32nd and A Avenue to Kingsway in Skyline" be deleted. Mr. Bud Atterberry suggested that the item remain in the Program because even though funding was not available at the present time, future traffic needs will require improved access to the west end. There were no further comments and the Mayor declared the Public Hearing closed. There were no additions or deletions to the proposed Six Year TIP and Mrs. Smith moved that a Resolution entitled "A Resolution Adopting a Revised and Extended Comprehensive Street Program" be adopted and given Resolution No. 1061. Mr. Maxwell seconded the motion. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Street Improvements - Waiver - Berends Mr. Dave Ford, Director of Public Works, presented a request by Mr. Rick Berends to place a single family dwelling on property located at the southwest corner of 22nd street and C Avenue. Due to the location of the property, Mr. Berends has applied for a waiver from construction of full improvements required by City design standards. Mr. Ford recommended that a 36' gravel street centered on the centerline of C Avenue be constructed between 23rd street and 22nd street. In order to construct the street,'it should be required that the area'be cleared and grubbed, all top soil be removed and that at least a minimum of 6" pit run gravel be placed along with a minimum 2" crushed gravel leveling course. Appropriate storm drainage ditches would be constructed along either side of the street running_north and south to control storm water. Mr. Ford also recommended that at the appropriate time, Council consider and approve a latecomer's agreement for street construction for Mr. Berends. July 17, 1989 - continued 913 Mr. Ford further recommended that in exchange for this waiver, the Council require an agreement from Mr. Berends not to oppose any future establishment of a Local Improvement District. After discussion, Mr. Maxwell moved, seconded by Mr. Separovich, that a waiver be provided to Mr. Berends subject to Public Works staff recommendations. Mr. Berends asked for further clarification on the Latercomer's process. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Public Hearing - Vacation Request - Collins - Portion of U Avenue Mayor Rice opened the Public Hearing to take comments on a request to vacate 60' of U Avenue lying north of 38th street and the vacated alley in Block 32, Beales Maple Grove Addition. The west 20' of U Avenue was previously vacated a few years ago. Mr. Dave Ford, Director of Public Works, reviewed the application and recommended that an easement be retained over a strip of U Avenue 28' east of the centerline of the proposed vacated U Avenue as there is a 20" waterline in U Avenue. Mr. Ford also recommended compensation for the right of way vacated. Mr. Collins submitted a letter to the Council stating his reasons for requesting the vacaction. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Maxwell moved, seconded by Mr. Brown, that the vacation be granted subject to the stipulations regarding easement and compensation. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Rock. Motion carried. Annexation, Utility Extension and Development Standards Mr. Ian Munce, Planning Director, presented a proposed Utility Extension policy regarding development in the Urban Service area. As there is currently a proposal before Skagit County for a subdivision adjacent to the City limits, and other subdivision proposals are now under consideration for the urban service area, annexation, utility extension and development standards are needed. Discussion ensued, and Mr. Munce will bring an Ordinance providing for interim standards for annexation and development to the next City Council meeting. Ordinance - Adopting 1988 Edition of Building Codes Mrs. Smith moved, seconded by Mr. Maxwell, that an Ordinance adopting uniform building codes and fees be adopted and given Ordinance No. 2115. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. LID # 199 Bid Award Mayor Rice announced that two bids had been received for three paving projects: Lakeside Industries, $36,022.00 and Kreig Construction at $42,064.00. Two bids were received for pavement overlay and replacement for R Avenue: Lakeside Industries, overlay -$39,452.52, replacement -$87,475; Kreig Construction overlay -$63,142.50, replacement -$107,750.00. Mr. Steve Mansfield, City Attorney, explained to the Council that a bid irregularity had been noted in that Lakeside did not execute the Affidavid of Non -Segregated Facilities. It was determined that if the Council accepted the Lakeside bid, the informality should be waived. Mr. Rock moved that the Lakeside Industries bids be awarded and the bidding irregularily be waived. Mrs. Smith seconded the motion. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Resolution - Setting Public Hearing Date - Vacation - Marine Drive Mr. Maxwell moved, seconded by Mr. Brown, that a Resolution setting a Public Hearing date of August 7, 1989 be adopted and given Resolution No. 1060. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Labor Contract - Police Mr. Ian Munce, Personnel Director, reported the completed contract negotiations with the Anacortes Police Department. Mr. Brown moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Approving Labor Agreement by and between the City of Anacortes and the Anacortes Police Services Guild" be adopted and given Resolution No. 1062. Vote: Ayes - Smith, Rock, .Maxwell, Separovich, Brown, Lian. Motion carried. Executive Session At 9:15 Mayor Rice announced that the Council would convene in Executive Session to discuss land contracts. At 9:45 the Council reconvened and without taking any further action, the meeting was adjourned. Georg otai?, City perk -Treasurer / / James Rice, Mayor 914August 7, 1989 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Tom Lian, Helen Smith, Bud Rock. Absent: Ken Brown. Minutes of Previous Meeting Mrs. Smith moved, seconded by Mr. Jackson, that the minutes of July 17, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Citizen Hearings Mr. Bill Mitchell gave a progress report on the Cove Hotel mural. Mr. Ray Separovich expressed his appreciation for Mayor Rice's tireless effort and support for the City of Anacortes. Ordinance - Vacation of a Portion of Hartford Avenue Mayor Rice explained that Council previously approved a petition to vacate Hartford Avenue north of Oakes Avenue. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Vacating a Portion of Hartford Avenue in Northern Pacific Addition to the City of Anacortes", be adopted and given Ordinance No. 2116. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Vacation of a Portion of "U" Avenue Mayor Rice explained that at the last Council meeting a petition to vacate a portion of "U" Avenue in Block 32, Beales Maple Grove Addition to the City of Anacortes was approved. Mayor Rice said the petitioners were aware that the compensation for the vacated property is one-half of the assessed value of the property; however, due to the easement and terrain of the property the petitioners had hoped to discuss the required compensation. Mayor Rice recommended that the petitioners meet with City officials first then bring the results to the Council for approval. The petitioners agreed to do so. Mr. Jackson moved, seconded by Mr. Rock, that an Ordinance entitled "Ordinance Vacating a Portion of U Avenue in Block 32, Beales Maple Grove Addition to the City of Anacortes" be adopted and given Ordinance No. 2117. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - Conditional Use - 2 residences on 12,00 sq ft lot Mr. Maxwell left the Council Chambers. Mayor Rice opened the Public Hearing to take comments on a Conditional Use application to locate two single family residences on a 12,000 square foot parcel in the RL zone at West 2nd and Kansas. Mr. Ken Brown arrived at the Council Chambers and took his seat on the dais. Mr. Ian Munce, Planning Director, reviewed the Planning Commission hearing testimony and the Planning Commission's recommendation to deny based on neighborhood opposition and the availability of other alternatives to the applicant. Mr. Gary Mansfield, 3600 W. 3rd, spoke in favor of the request. Mr. Bill Aldrich, opposed the request. Mrs. Karen Wisnieski, petitioner, 5706 Sunset, explained that she had pursued other alternatives but offers to purchase had not materialized. Mr. Fred Jones, 3601 W. 3rd St., spoke in favor of the Conditional Use. There were no further comments and the Mayor declared the Public Hearing closed. The proceedings are on tape and filed at City Hall. Mr. Separovich expressed concern about the neighborhood opposition. Mrs. Smith felt that the proposal would not have a significant impact on the neighborhood and supported the request. Mr. Brown supported the applicant's request. Mr. Jackson expressed concern that the owner would not be able to develop the property in the manner that was allowed at the time of purchase. Mrs. Smith moved, seconded by Mr. Jackson, that the Conditional Use be approved. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown Lian. Motion carried. Mr. Maxwell returned to his seat. Resolution - Agreement with City and EMS Council Fire Chief Cecil Little discussed the two agreements before Council providing for pre -hospital emergency medical care including dispatch and ambulance services. The agreements, are between the City of Anacortes and the Skagit, Stanwood, Camano EMS Council. Mr. Brown moved, seconded by Mr. Separovich, that a Resolution entitled "A Resolution Authorizing the Execution of Agreements between the City of Anacortes and August 7, 1989 - continued 915 Skagit/Stanwood/Camano EMS Council" be adopted and given Resolution No. 1063. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Setting Public Hearing Date - Vacation of Portion of 30th St. Mr. Rock moved, seconded by Mrs. Smith, that the Resolution fixing the time of September 5, 1989 when a petition for vacation of a portion of 30th street and the alley in Block 4, Kellogg and Ford's Addition may be heard and determined by the City Council be adopted and given Resolution No. 1064. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Eagles Parking Request - Salmon Barbecue Mayor Rice presented a request by the Fraternal Order of Eagles, 901 7th Street, to block off the east half of 7th street and the parking strip on the west side of Q Avenue from 7th to 8th streets. The annual Salmon Barbecue will be held on the 18th, 19th and 20th of August. Mr. Brown moved, seconded by Mr. Rock, that the request be granted. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Ordinance - Repealing Ordinance # 1973 - Sale & Distribution of Kegs Mr. Steve Mansfield, City Attorney, informed the Council that the State Legislature has enacted a Comprehensive Statute regulating the sale and disposition of kegs or other containers containing malt liquor and that legislation appears to preempt our ordinance. Mr. Mansfield recommended that our Ordinance X61973 be repealed. Mr. Brown moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Repealing Ordinance No. 1973 Passed and approved by the City Council on March 18, 1985" be adopted and given Ordinance No. 2118. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Public Hearing - Vacation of Portion of Marine Drive Mr. Dave Ford, Director of Public Works, stated that a vacation petition was received requesting that the west 25' of Marine Drive4 from Anaco Avenue southerly be vacated. The purpose of the vacation is to allow better access to the involved lots, provide additional room for septic tank installation and more flexibility in placement of dwelling units. Staff recommendation is to approve the vacation request; no easements are required and the petitioner's have been informed of compensation required. The Petitioner, Mr. Dan Palmer, 3910 120th Street, Bellevue, informed the Council of the difficulty of meeting setback requirements with the slope of his lot. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mr. Lian, that the vacation request be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - Conditional Use - Private Street as Access Mr. Ian Munce, Planning Director, explained that the petitioner, Mr. George Osborn, 415 39th Street, wishes to divide his property into three lots; two of the divided lots would have proper legal access to Hillcrest Drive. Mr. Osborn's house is on the third lot and he's petitioning the Council to designate an existing 20' private roadway as access. The private road would not only provide access for Mr. Osborn, but is an exclusive means of access to several homeowners. The roadway runs north from "V" Avenue parallel to Hillcrest Drive and 38th Street. Mr. George Osborn, 419 39th st., described the maintenance and development of the private roadway. Mr. Anton Weekley, 202 Highland, expressed concern over access. Mr. Chuck Manning, 513 39th Street, spoke in favor of the Conditional Use request. Mr. Jerry Mansfield, 3910 "V" Avenue, spoke in favor of the request. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mr. Separovich, that the conditional use designation for this private street be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Ordinance - Time Extension for Ship Harbor Rezone Mr. Ian Munce, Planning Director, provided background information on the Ship Harbor Rezone approved five years ago. The Port of Anacortes is requesting that the rezone be extended another five years to allow additional time for obtaining a building permit. The Planning Commission voted to recommend approval of the rezone extension. Mr. Dick Dildine, 1211 6th St., opposed extending the rezone. Mr. Bob Donavan stated that the Chamber of Commerce had voted to supported the project. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Separovich moved, seconded by Mr. Jackson, that the Planning Commission Findings of 91 G August 7, 1989 - continued Fact and Conclusions, July 10, 1989 Public Hearing, be adopted and an Ordinance providing for an extension of time for zoning classification and for amendment to the rezone legal description be adopted and given Ordinance No. 2119. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Amendment to Sales Agreement - Specialty Seafoods Mr. Ian Munce, Planning Director, explained that Specialty Seafoods has requested a reduction in property covered by the Real Estate Purchase Agreement; the purchase price is to be amended as well. Mr. Jackson moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Amending Resolution No. 895 Passed and Approved on the 22nd Day of September, 1986, Adopting a Real Estate Purchase Agreement by and between the City of Anacortes and Specialty Seafoods, Inc.", be adopted and given Resolution No. 1065. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Sales Agreement - City and Ron Woolworth Mr. Ian Munce, Planning Director, presented a Real Estate Purchase Agreement between the City of Anacortes and Ron Woolworth to purchase Urban Renewal Property for the purpose of developing industrial facilities to sublet. Mrs. Smith moved, seconded by Mr. Brown, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Ron Woolworth", be adopted and given Resolution No. 1066. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Resolution - Sales Agreement Between the City and Development Ventures, Inc. Mr. Ian Munce, Planning Director, provided background information regarding the two year relationship between the City of Anacortes and Offshore Industries. Offshore Industries determined to build a large scale boat yard with a new lift system in the Urban Renewal area. Offshore Industries secured permits necessary to develop the project but has been unable to secure the necessary funding. Development Ventures, Inc. has submitted a proposal for a two-phase marina development. Mr. Jerry Hanson, Development Ventures, Inc., presented a development outline for the proposed marina. Mr. Bud Atterberry, Atterberry Realty, spoke in support of the Offshore Industries haul -out facility and encouraged the Council to extend the option period. Mr. John Bang, Offshore Industries, asked for additional time to pursue fund raising. The Council asked further questions of Mr. Hanson regarding meeting the needs of the community. Mr. Hanson also determined to go ahead with applications to the City within 30 days of Council approval. Mr. Rock said he was not prepared to deny Offshore Industries an opportunity to continue. Mr. Jackson felt that there was a need for additional moorage in the area. Discussion ensued. Mr. Jackson moved, seconded by Mr. Lian, that Development Ventures, Inc. be encouraged to develop the marina proposal and that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Development Ventures, Inc.", be adopted and given Resolution No. 1067. Vote: Ayes - Jackson, Separovich, Lian, Smith, Maxwell. Nay - Brown, Rock. Motion carried. Amendment to Subdivision Code - Rural Zone Mr. Maxwell moved, seconded by Mr. Jackson, that the item be tabled until the August 21, 1989 meeting. Vote: Ayes - Separovich, Lian, Smith, Maxwell, Jackson. Nay - Brown, Rock. Motion carried. Resolution - Interim Annexation Policy Mr. Jackson moved, seconded by Mr. Separovich, that the item be tabled until' the August 21, 1989 meeting. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Closing of N Avenue - August 27, 1989 Mayor Rice has received a request to have N Avenue blocked between 7th and 8th streets for an August 27, 1989 wedding. The area will need to be blocked for two hours. Mr. Maxwell moved, seconded by Mr. Jackson, that the request be granted. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Announcements Mayor Rice announced that at the first meetings in September and October, the Council will be receiving a detailed accounting of street repair expenditures. There will not be a study session on Monday, the 14th, and the next meeting will be on August 21, 1989. August 7, 1989 - continued Executive Session At 9:30 Mayor Rice announced that the Council would convene in Executive Session with Mr. Munce and Mr. Mansfield to discuss labor negotiations. At 10:00 the Council reconvened and without taking any further action, the meeting was adjourned. GeorgKhtaAan, City Nlerk-Treasurer August 21, 1989 James Rice, Mayor Mayor Pro -Tem, Ken Brown called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Dean Maxwell. 917 Minutes of Previous Meeting Mr. Brown noted that on page 4, paragraph 5 of the August 7, 1989 minutes, "M" Avenue should read "N" Avenue. Mr. Jackson moved, seconded by Mr. Rock, that the minutes should be approved as corrected. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. Correspondence/Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Ordinance - Amendment to Subdivision Code - Rural Zone Mr. Ian Munce, Planning Director, reviewed the previously discussed need for interim standards for annexation and development for proposed development projects that abut the City limits. Discussion ensued regarding lot size, curbs and gutters, road widths and policies regarding annexation to the City. The Planning Director recommended that the City not annex property at any higher residential density than Rural. Mrs. Smith moved, seconded by Mr. Separovich, that a Resolution entitled "Interim Annexation Policy" be adopted and given Resolution No. 1068. Vote: Ayes - Lian, Smith, Rock, Jackson, Separovich, Brown. Motion carried. Mrs. Smith moved, seconded by Mr. Jackson, that an Ordinance amending the Subdivision Ordinance with regard to development standards in the Rural Zone entitled "An Ordinance Amending Sections 16-20.060(B) and (C), 16.20.070(3) and 16.32. of the Official Code of the City of Anacortes", be adopted and given Ordinance No. 2120. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Vacation of Portion of Marine Drive Mr. Rock moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Vacating a Portion of Marine Drive Abutting Lots 67, 68 and 69 of ANACO BEACH PLAT to the City of Anacortes" be adopted and given Ordinance No. 2121. Vote: Ayes - Rocki Jackson, Separovich, Brown, Lian, Smith. Motion carried. . Resolution - Bud Strom Day Mr. Brown read a Resolution recognizing the numerous and significant contributions made by Mr. Bud Strom to the community and citizens of Anacortes. Mr. Jackson moved, seconded by Mrs. Smith that a Resolution entitled "A Resolution Declaring September 8, 1989 as Bud Strom Day" be adopted and given Resolution No. 1069. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. April/May/June/July Payroll/Claims Vouchers Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, August 21, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as 918 August 21, 1989 - continued follows: April: Payroll warrant numbers 12267 through 12554 in the total amount of $253,048.85 and Claims Warrant numbers 14154 through 14526 in the total amount of $545,019.03. May: Payroll warrant numbers 12555 through 12848 in the total amount of $263,096.01 and Claims Warrant numbers 14527 through 14883 in the total amount of $532,601.72. June: Payroll warrant numbers 12849 through 13150 in the total amount of $263,858.87 and Claims warrant numbers 14884 through 15269 in the total amount of $997,504.67. July: Payroll warrant numbers 13151 through 13544 in the total amount of $281,048.58 and Claims warrant numbers 15270 through 15586 in the total amount of $1,396,554.56. Acceptance of Chemical Bids Mr. Dave Ford, Director of Public Works, explained to the Council that chemical bids were opened on August 8, 1989, and the Public Works Department makes the following recommendation for bid acceptance: Hydrated Lime - Hemphill Brothers; Aluminum Sulfate - Stauffer Chemical Co.; Liquid Chlorine - Jones Chemical Co.; Powdered activated Carbon - Calgon Carbon Corporation; polymer - American Cyanamid; sodium fluoride - Jones Chemical. Mr. Ford further pointed out that the bid prices are firm and are for a period of two years from date of award of bid. Mr. Separovich moved, seconded by Mr. Rock, that the chemical bids be awarded as per Public Works staff recommendations. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. Approval of Request for Funding Assistance - Washington Park Mr. Steve Colby, Director of Parks and Recreation, stated that he was before Council seeking approval to submit a letter and proposal to both Shell and Texaco refineries for funding assistance for the Washington Park improvements. Mr. Colby informed the Council that meetings had already been held with refinery representatives to discuss funding possibilities. Mr. Jackson moved, seconded by Mr. Separovich, to approve the proposal to request funding assistance for the development of Washington Park from Shell, Inc. and Texaco, Inc. Vote: Ayes - Smith, Rock, Jackson, Separovich, Brown, Lian. Motion carried. Proposal to Amend Zoning Ordinance to Permit RV Parks in Residential Zones Mr. Ian Munce, Planning Director, presented a request for the Planning Commission and Council to consider, through the Public Hearing process, amending to zoning code to allow RV Parks through the residential PUD process. Mrs. Margaret Murphy, 1020 E Avenue, stated that she did not think that RV parks should be allowed in residential districts. Mr. Brown stated that, generally, RV users have been good neighbors during visits to Anacortes; although residential areas may not be appropriate for RV parks, there was definitely a need for that type of facility in Anacortes. Mr. John Prosser, Windermere Real Estate, said that he felt that it would be an exercise in futility to consider RV parks in residential zones. Mrs. Smith moved, seconded by Mr. Jackson, to deny the request. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Removal of Old Refuse Containers Mr. Dave Ford, Director of Public Works, informed the Council that the Public Works Department through the Sanitation Division, is requesting permission to surplus and sell 33 refuse containers. Mr. Lian moved, seconded by Mr. Jackson, that the 33 containers be removed from inventory. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. Del Mar Waterline Acquisition Mr. Dave Ford, Director of Public Works, informed the Council that an anticipated formal request from Del Mar to have the City take over waterlines in the Del Mar subdivision has not been submitted and Mr. Ford asked that the item be pulled from the agenda. Brown & Caldwell- Value Engineering Skyline Conveyance Mr. Dave Ford, Director of Public Works, stated that a one -day review of the Skyline conveyance is to be held by an outside, independent engineering firm. The contract before the Council is in the amount of $5,000 and the firm is Brown & Caldwell. Mr. Mike Foster and Mr. Jim Pemberton will be part of the Public Works Department value engineering team. The team will review all the plans and specifications for the Skyline conveyance project and will also make an on-site inspection. Mr. Lian moved, seconded by Mr. Jackson, that the grant -eligible expenditure of $5,000 be approved and that the contract with Brown & Caldwell be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. Motion carried. August 21, 1989 - continued There being no further business, the meeting was adjourned at 8:30 p.m. Geor Ahtayli� City C erk-Treasurer September 5, 1989 Ao,� At— James Rice, Mayor 9� 9 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Rock, that the minutes of August 21, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Proclamation - United Way Day Mayor Rice read a Proclamation declaring September 5, 1989 as United Way Day. The Proclamation encouraged the preservation of the volunteering tradition of United Way. AGHAST Mayor Rice announced that the Council members had received an information packet from the citizens group AGHAST. Mayor Rice recommended that the Council have more review time and that the matter be placed on the September 11th study session agenda. Setting Public Hearing Date - Wastewater Facility Plan Mayor Rice recommended the following Public Hearing dates for the Wastewater Facilities Plan: three conditional use Public Hearings before the Planning Commission on October 11, 1989; three public hearings for sludge site conditional use applications and a public hearing for the Wastewater Facilities Plan before the City Council on October 23rd. Mr. Rock moved, seconded by Mr. Separovich, that the hearing dates be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Household Hazardous Waste Day Mr. Dave ,Ford, Director of Public Works, announced that the Skagit County Public Works Department will be holding a one -day household hazardous waste collection on October 21, 1989. The collection point will be the Skagit County incinerator site and the times will be from 8:30 a.m. to 6:00 p.m. Mayor Rice encouraged everyone to participate in this collection day to remove hazardous wastes from households. Public Hearing - Vacation of a Portion of.30th,Street Mayor Rice opened the Public Hearing on a request by Mr. Jerry Whitcher and Mr. Mike Harris to vacate 30th Street east of D Avenue and vacation of the alley between Lots 1 through 6, and 15 through 20 in Block 4 of Kellogg's and Ford's Addition to the City of Anacortes. The right of way petitioned for extends from D Avenue easterly to a large piece of unplatted property. Mr. Mike Harris, 3007 D Avenue, stated that if approved, he and Mr. Whitcher had agreed to purchase and maintain the 30th right of way to avoid increased traffic due to development near their property. There were no further comments and the Mayor declared the Public Hearing closed. Staff recommendations were to deny the request until such time as the acreage described is developed or is planned to be developed. Mr. Jackson moved, seconded by Mrs. Smith, that the vacation request be denied. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Proposed Amendments to PUD Process Mr. Ian Munce, Planning Director, recommended that a Public Hearing be held before the Planning Commission and Council to review/amend the Zoning Code and Subdivision Ordinance regarding Residential Planned Unit Developments. Mr. Lian moved, 920 September 5, 1989 - continued seconded by Mr. Jackson, that a Public Hearing be held before the Planning Commission on October 11, 1989 to review/amend zoning code with regard to Planned Unit Developments. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Proposed Option to Purchase for Trident Seafoods Mr. Ian Munce, Planning Director, reported to the Council that Trident Seafoods, Inc. needs additional space in the Urban Renewal area to support their operation at 1400 4th Street. Trident now wishes to lease additional property, enter into a fixed term lease, and to secure an option to purchase. The new lease term would begin April 15, 1989 and end December 15, 1990. Mr. Separovich moved, seconded by Mr. Rock, that a Resolution entitled "A Resolution Amending Lease Agreement by and between the City of Anacortes and Trident Seafoods, Inc," be adopted and given Resolution No. 1070. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Resolution - Sales Agreement - City and DeGregorio Mr. Ian Munce, Planning Director, presented a proposal submitted by Ron and Virginia DeGregorio to establish a boatyard in the urban renewal area. The site they are considering is just off the 30th street gravel road, north of 30th street and east of the railroad tracks. Mr. Brown moved, seconded by Mr. Jackson, that a Resolution entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and Ron and Virginia DeGregorio" be adopted and given Resolution No. 1072. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution _ Mileage�Rate. Mayor Rice presented, a 'Resolution°to :Council, increasing the mileage reimbursement rate for officially approved travel in a private vehicle when a City vehicle is not available from $.205 per mile to a new rate of $.24 per mile. Mrs. Smith moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1071. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Appointment to Boards Mayor Rice announced the, following Board appointments: Board of Adjustment: Tom Leahy, reappointed; Paula Weir, appointed to serve position previously held by Dick Threet. Museum Board - Nick Petrish, Sr., reppointed. Resolution - Setting Public Hearing Date - Vacation - Portion of California Avenue Mayor Rice presented a Resolution to Council setting October 2, 1989 as the Public Hearing date on a request to vacate a portion of California Avenue. Mr. Separovich moved, seconded by Mr. Lian, that the Resolution be adopted and given Resolution No. 1073. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Sludge Treatment - Jim Willett Mayor Rice introduced Mr. Jim Willett to the Council. Mr. Willett is the President of Waste Treatment Technologies, Inc. Mr. Willett presented a preliminary proposal to the City for wastewater sludge stabilization and disposal. The process used is known as advanced alkaline stabilization to pasteurize and deodorize municipal wastewater sludge. The Council asked many questions regarding sludge disposal, treatment procedures, disposal sites, etc. Presentation of Street Funding— Discussion. ' 1 . Mr. Jim Pemberton, Assistant Public Works Director, informed the Council as to what funds are associated with the Street Department, where the revenues come from and how they are spent. Mr. Pemberton provided a five-year history of revenue and expenditures. There being no further business, the meeting was adjourned at approximately 8:45 p.m/eKhtaian, Geo City Clerk -Treasurer James Rice, Mayor September 18, 1989 9.21 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered by the pastor from the Church of Christ, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Lian, that the minutes of September 5, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Resolution - Setting Public Hearing Date - Vacation of Portion of Louisiana Avenue Mayor Rice presented a Resolution to Council setting October 16, 1989 as the Public Hearing date on a request to vacate a portion of Louisiana Avenue between Oakes Avenue and West 2nd.. Mr. Separovich moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1074. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Spink's Addition Mayor Rice presented a Resolution to Council setting October 16, 1989 as the Public Hearing Date on a request to vacate the alley between Lots 6 and 7 in Spink's Addition. Mr. Jackson moved, seconded by Mr. Brown, that the Resolution be adopted and given Resolution No. 1075. Vote: Ayes - Brown, Lian, Smith,, Rock, Maxwell, Jackson, Separovich. Motion carried. Vacation Compensation Reduction - Collins/Zurcher Mr. Dave Ford, Director of Public Works, reviewed Council action of August 7, 1989, to approve an ordinance vacating the east 60' of U Avenue between 38th street and the alley to the north. Both of the petitioners, Mr. Tom Collins and Mr. Lee Zurcher, have petitioned the Council to reduce the compensation due in exchange for the vacated property. The petitioners felt that the payments were excessive because a 28' easement was retained and that a fairly large amount of the vacated portion was fill which would be subject to future settling. Discussion ensued, and Mr. Jackson moved, seconded by Mr. Separovich, that the staff 60'recommendation to reduce Mr. Collins' cost from $5200 to $3380 and Mr. Zurcher's cost from $2600 to $1300 be approved. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. Vacation Compensation Reduction - Klingman On a similar matter, Mr. Dave Ford reviewed Council's July 10, 1989 action to approve the vacation of the alley in Block 21, Kellogg & Fords Addition to the City of .Anacortes. Again, both petitioners have petitioned the Council to reduce the compensation due in exchange for the vacated property. In this case it was felt that due to the narrow nature of the strip and the fact there is considerable rock in this alley that the sum of $973.18 each could be reduced to $400 each. After discussion, Mr. Brown moved, seconded by Mrs. Smith, to approve the vacation payment reduction. Vote: Ayes - Smith, Maxwell, Brown, Lian. No - Rock, Jackson, Separovich. Motion carried. Mr. Dick Dildine, 1211 6th Street, expressed opposition to disposal of public right-of-way. Utility Extension Application - Thomas Lane Mr. Dave Ford, Director of Public Works, presented an application made by Mr. Roger A. Webster to extend a 2" waterline on Thomas Lane. As all participants who would benefit from the extension will participate in the expense of the line, no latecomer's agreement will be required. The line extension would be approximately 460' extended southerly. Mrs. Smith moved, seconded by Mr. Maxwell, that the extension application be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Utility Extension Application - McCorkle Place Mr. Ford presented a Utility Extension Application► from Del Mar Services to extend an 8" ductile iron waterline, 140' in length with a fire hydrant at the end of the line. The extension would be on McCorkle Place to Pointe Place. Mr. Ford further explained that the extension would be turned over to the City of Anacortes for perpetual operation and maintenance. 922 September 18, 1989 - continued Mrs. Smith moved, seconded by Mr. Rock, that the utility extension be approved. Miss Linda Spiker, representing San Juan Properties, expressed concern regarding water pressure for domestic services at the Pointe. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Mrs. Margaret Yeoman, 1620 11th Street, expressed concern regarding the City's future liability for any building/development decisions made at the County level. Bid Award LID 197 - "B" Avenue Waterline Extension Mr. Jim Pemberton, Assistant Public Works Director, presented results of a bid opening held on September 13, 1989. Two bids were received for the "B" Avenue Waterline Extension: Lake Erie Trucking - $42,501.75 and Lee Johnson & Sons - $51,340.00 Staff recommends that the contract be awarded to Lake Erie Trucking in the estimated amount of $42,501.75. Mr. Brown so moved, seconded by Mr. Separovich. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Appointing a Board of Appeals Mr. Steve Mansfield, City Attorney, presented a Resolution to Council authorizing that the Board of Adjustment be designated as the Board of Appeals under the Uniform Code for Abatement of Dangerous Buildings Act, Section 205A. Mrs. Smith moved, seconded by Mr. Rock, that the Resolution be adopted and given Resolution No. 1076. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Mr. Separovich expressed concern regarding parking problems experienced in his Ward due to recent industrial/residential development. Mrs. Smith suggested that a request for vacation payment reduction be handled at the time of the public hearing. Mr. Mansfield explained that if a property owner doesn't like the value that the City places on the property, he can get that property appraised and the City would charge one half of the appraised value. Mayor Rice announced that the next meeting would be held on October 2, 1989. There being no further business, the meeting was adjourned at 8:15 p.m. Geor Khteian, City Clerk -Treasurer October 2, 1989 James Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered by Rev. Christine Saldine, followed by Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting: Mr. Brown moved, seconded by Mr. Lian :that the minutes of September 18, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings: There was no correspondence and no citizens were present to testify on items not on the agenda. Public Hearing on Vacation of California Avenue: Mayor Rice opened a Public Hearing on the vacation of California Avenue lying north of Oakes Avenue between Block 201 and Block 301, Northern Pacific Addition to the City of Anacortes. John Carabba, one of the petitioners, presented testimony regarding the proposed vacation. No further testimony was offered and the public hearing was closed. Mr. Separovich moved, seconded by Mr. Brown, that an ordinance vacating California Avenue be approved and given Ordinance No. 2123. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Water Rate Ordinance: After some discussion it was moved by Brown, seconded by Smith, that an ordinance amending Ordinance 2071, dated June 20, 1988, pertaining to water rate increase, be approved and assigned Ordinance No. 2122. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. October 2, 1989 - continued Public Transit: Mayor Rice reported on a meeting of the Mayors held on September 21, 1989, wherein it was agreed that all of Skagit County should be included in the transit district. A committee was formed as mandated by the Revised Code of Washington and consisting of the Mayor of the largest City in the County, the Mayor of a City of 5,000 or less population, and a Mayor of a City between 5,000 and the largest City, and 3 members of the public. The committee will explore placing the transit issue on the ballot next spring. Upcoming Public Hearing: Mayor announced that the dates for the public hearing on Conditional Use applications regarding sewage sludge disposal have been changed and that the Planning Commission would consider the Conditional Use applications on October 25th and the Council would consider the same applications on November 6th. After some discussion the meeting was adjourned at 7:45 p.m. George K an, Citj Clerks -Treasurer October 16, 1989 James Rice Mayor Mr. Ken Brown, Mayor Pro -Tem, called the meeting to order at 7:30 p.m. Invocation was offered followed by the Pledge of Allegiance to the Flag. Roll call found present: Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Absent: Dean Maxwell. Minutes of Previous Meeting Mr. Jackson moved, seconded by Mrs. Smith, that the minutes of October 2, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Public Hearing - Vacation of Portion of Louisiana Avenue Mr. Brown opened the Public Hearing on a request to vacate a portion of Louisiana Avenue. Mr. Brown, on a request by the petitioners, continued the public hearing to November 20, 1989. Public Hearing - Vacation of Alley - Spinks Addition Mr. Brown opened the Public Hearing on a request to vacate the alley between Lots 6 and 7 in Spinks Addition. Mr. Dave Ford, Director of Public Works, reported to the Council that the alley is not developed at this time and is very steep. The abutting property owners would like to obtain possession of it to maintain additional privacy. Mr. Ford further stated that there is a 2" waterline in the alley which is in very poor condition. One of the petitioners, Mr. Branko Jurkovich, has agreed to pay for the moving and replacement of this waterline and has placed $2,000 in escrow with the City to complete the work. Mr. Ford recommended that the alley be vacated and that payment for the alley be waived. Mr. Jim Joy, 618 Hillcrest, expressed concern that the alley to be vacated is needed for fire protection purposes. Mr. Clarence Steen, 624 Hillcrest, expressed concern that vacating the alley would affect future development. Mr. Dick Dildine, 1211 6th Street, recommended that future development be considered. Mr. Vernon Lewis, stated that he and Mr. Jurkovich have no intentions to block off the alley; Mr. Jurkovich needs the additional property to satisfy setback requirements. There were no further comments and Mr. Brown declared the Public Hearing closed. Mr. Jackson suggested that, in light of the opposition, the Fire Chief be contacted again regarding the fire protection issue; Mr. Rock requested more information on setback requirements. Mr. Jackson moved, seconded by Mr. Separovich, that the decision on this vacation requested be postponed to the November 6th meeting. Vote: Ayes - Seprovich, Brown, Lian, Smith, Rock, Jackson. Motion carried. 923 October 16, 1989 - continued X24 Park Board Recommendation - Statue The Park & Recreation Advisory Commission forwarded to the Council copies of the minutes of the October 2, 1989 Advisory meeting. The minutes reflect the recommendations regarding the siting of the Lady of the Sea statue. Comprehensive Water Plan Contract Mr. Dave Ford, Director of Public Works, presented his department's recommendation to approve a professional services agreement for the update of the City's Comprehensive Water Plan with R.W. Beck & Associates. The maximum amount to be expended on this project is $68,430. Mr. Jackson moved, seconded by Mr. Lian, that the Consultant Agreement with R.W. Beck to update the Comprehensive Water Plan be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Jackson, Separovich. Motion carried. Consultant Agreement for Water Pump Station Design Mr. Dave Ford, Director of Public Works, described the water pressure problems in the higher areas of the City particularly along the southern City limits line and into the County from the City limits. Specific areas would be the 41st and A Avenue area, Haddon Road, Whistle Lake Road, Spradley Road area and the area south of H Avenue and 41st Street. Discussion ensued regarding the design, latecomer's agreements and costs of the new pump station. Mrs. Smith moved, seconded by Mr. Lian, that the contract with R.W. Beck & Associates for the design of a water pump station for the amount of $18,000 maximum be approved. Vote: Ayes - Lian, Smith, Rock, Jackson, Separovich, Brown. Motion carried. August/September Payroll/Claims Vouchers Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, October 16, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: August: Payroll warrant numbers 13545 through 13849 in the total amount of $289,255.49 and Claims Warrant numbers 15587 through 15921 in the total amount of $676,405.90. September: Payroll warrant numbers 13850 through 14152 in the total amount of $282,850.35 and Claims Warrant numbers 15871 through 15872 plus 15922 through 16261 in the total amount of $895,280.85. There being no further business, the meeting was adjourned at 8:25 p.m. i lam Geo e Kh ian, ity/Clerk-Treasurer James Rice, Mayor November 6, 1989 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, and Bud Rock. Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Rock, that the minutes of October 16, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Vacation Request - Alley in Spinks Addition - Decision Mayor Rice announced that subsequent to the closure of the October 16th Public November 6, 1989 - continued Hearing, the Council had been presented with a petition of seven signatures protesting the alley vacation in Spinks Addition. Mr. Dave Ford, Director of Public Works, responding to a request from Council for further information, made an on-site visit with the Fire Chief who determined that vacation of this alley would not adversely affect the Department's ability to fight fires in this area. Further, it was requested by Council to determine how much of the alley was needed by the proponent to satisfy setback requirements; Mr. Ford stated that the east 3 feet of the alley would be required. Mr. Ford requested that an easement be retained should any portion of the alley be vacated. Mr. Rock suggested a solution be found through the Variance/Board of Adjustment process. Mr. Jackson stated that while he appreciated the reason for the request, that in light of the objections submitted, he moved to deny the vacation request. Mr. Maxwell seconded the motion. Mr. Separovich moved to amend the motion by allowing the vacation of the east 5 feet of the alley. Mrs. Smith seconded the motion to amend. Vote: Ayes - Brown, Lian, Smith, Separovich. No - Rock, Maxwell, Jackson. Motion carried. Mayor Rice called the roll on the motion to deny the vacation except for the east five. feet. Vote: Ayes - Lian, Smith, Separovich, Brown. No - Rock, Maxwell, Jackson. Motion carried. Petition - Value Engineering Study In response to a meeting held with representatives from AGHAST and upon receipt of a 1,400 -signature petition prepared by AGHAST, Mayor Rice recommended to the City Council that the City hire an independent engineering firm to evaluate the wetland treatment costs submitted by the AGHAST citizens group and to evaluate and review our secondary sewer treatment accomplishments to date. The Mayor estimated study costs at $40-50,000 and estimated 60 days to complete. Mr. Rock moved, seconded by Mr. Separovich, that the City pursue a Value Engineering Study per the Mayor's recommendation. Mr. Maxwell protested incurring any further costs and delays. Mr. Jackson would not want to take any action that would jeopardize grant monies. Mr. Separovich protested the necessity for the secondary sewer plant. Mrs. Smith and Mr. Brown questioned the accuracy of the petition by AGHAST. Mr. Rock recommended the study to gain further information. Mr. Lian protested the necessity for a secondary sewer treatment facility. Vote: Ayes - Ayes - Rock, Separovich, Brown. No - Smith, Maxwell, Jackson, Lian. Motion failed. Public Hearing - Conditional Use - Sludge Treatment Mayor Rice opened a Public Hearing on three conditional use permits for two sludge disposal options for secondary wastewater treatment: on-site incineration at 4th & T Avenue and composting of raw sludge at sites in the general vicinity of Whistle and Heart Lakes. The Mayor stated that the Council had received a copy of each of the three conditional use applications, copy of Final SEIS, copy of Planning Commission minutes, October 25-26, 1989 together with list of 18 exhibits submitted at this meeting and copies of exhibits 1, 2, 3, 4, 5, 16, 18 and 19. The Council has also received Exhibit 20, Public Works recommendation, Exhibit 21, Planning Commission Majority Report, Exhibit 22, Planning Commission Minority Report and Exhibit 23, CH2M Hill response to Planning Commission. The proceedings of the public hearing are on tape and filed at City Hall. Mr. Dave Ford, Director of Public Works, introduced Mr. Bob Wubbena and Mr. Mike Gardner from EES, Ms. Susan Dennis, Mr. Gary Graham and Dr. Rick Hester from CH2M Hill and Mr. John Glenn from the Department of Ecology to answer questions and provide a presentation regarding options available. Ms. Dennis presented a comparison of costs and solids alternatives. Dr. Kester reported on the impacts of incineration on the community and user charges. Mr. Robert Pickett, 1212 29th, senior Board Member of AGHAST requested soils analysis from the 4th street site. Mr. Dick Dildine, 1211 6th Street asked about carbon dioxide production over a period of time. Ms. Annette Williams, 811 6th Street asked about the potential health hazards for those people living in the incinerator vicinity. Mr. Keith Rubins, 1109 0 Avenue, asked about odors produced from composting. Mrs. Maragret Yeoman, 1620 11th Street requested denial of incineration and stated that the EIS was inefficient and incomplete. Mr. John Reed, 4912 Heather Drive, expressed concern about costs to rate payers and stated that the AGHAST petition was based on correct information. Mr. Phil Burton, 620 Commercial, representing Friends of the Forest, urged the Council not to approve composting. Ms. Sondra Thiessen, 702 0 Avenue, treasurer of AGHAST, spoke against incineration. Mr. Ross Barnes, 104 Harbor Lane, gave a presentation, and 925 November 6, 1989 - continued 926 concluded that the proposed sites were unsuitable for composting. Mr. Barnes also spoke against incineration. Mr. Jack Papritz said that incineration and composting were negative proposals and recommended wetlands. Mr. Brian Sneva, 808 37th, inquired about how increased costs will affect commercial users. Ms. Annette Williams urged everyone to contact their representatives. Mr. Jim Merritt felt that it was a mistake for DOE to force decision at this time as the whole island will need to solve this problem in the future and spoke against composting. Ms. Elizabeth Jackson, 1903 9th St., asked the Council to make the best decision for the children of Anacortes. Mr. Herb Pearson, 2012 10th St., discussed composting methods in Japan and recommended the selection of a system that will recapture wetland method of disposal. Mr. Fred Kefgen spoke against composting. Mr. Kelly Wynn, 311 7th St., spoke against incineration and spoke about reuse of reuse of wastewater treatment sludge and asked about noise from the incinerator. Gentleman from 2514 Oakes expressed concern about composting at the Whistle Lake site. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Ford reported on the value engineering studies completed to date. Council members expressed their responses to information provided at the Public Hearing. After discussion, Mr. Jackson moved to approved the Conditional Use for sludge disposal by incineration. Vote: Ayes - Maxwell, Jackson, Brown, Lian, Smith. No - Rock, Separovich. Public Hearing - Conditional Use - Pump Station - 2100 Ferry Terminal Road Mayor Rice opened a Public Hearing on a conditional use application to install a pump station as a necessary part of the City's sanitary sewer improvement program. Mr. Dave Ford, Director of Public Works, stated that this pump station will be underground and will pump sewage from the terminal building and the ferry boat into the City system for treatment. There were no public comments and the Mayor declared the Public Hearing closed. Mr. Lian moved, seconded by Mrs. Smith, that the conditional use be approved. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion carried. Public Hearing - Conditional Use - Pump Station at 1202 B Avenue Mayor Rice declared the Public Hearing open on a conditional use application to install a new pump station at 1202 B Avenue as the current station is in a deteriorated condition. This station will receive and repump all sewage from the Skyline basin and from the Ferry Terminal. There were no public comments and the Mayor declared the Public Hearing closed. Mr. Brown moved, seconded by Mr. Separovich, that the conditional use be approved. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Public Hearing - Conditional Use - Pump Station - 6000 Hughes Way Mayor Rice opened the Public Hearing on a conditional use application to install a pump station at 6000 Hughes Way in Skyline. This station will be designed to handle future loads for residential and commercial development in the west end. Mr. Dave Ford, Director of Public Works, stated that the Department of Wildlife had been contacted as this pump station is in an "eagle interest area". The Department of Wildlife did not feel that the installation and use of these pump stations would disturb the eagle population. There were no public comments and the Mayor declared the Public Hearing closed. Mr. Lian inquired about odor control. Mr. Brown moved, seconded by Mr. Jackson, that the conditional use be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Facilities Plan Mr. Dave Ford, Director of Public Works, informed the Council that a supplemental facilities plan has been completed to compliment the facilities plan that was completed in 1985. The supplement plan complies with all national, environmental policy act provisions which allows the City to apply for Federal monies and was completed to provide studies on activated sludge treatment and sludge disposal methods. The City has been in contact with DOE and it is not required that a Public Hearing be held for approval of the Plan. Mr. Jackson moved, seconded by Mrs. Smith, that the Facilities Plan be approved. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. November 6, 1989 - continued Mayor Rice announced budget hearings will be held on November 13, 14 and 15. There being no further business, the meeting was adjourned at 10:10 p.m. George aia , Cit Cler -Treasurer November 20, 1.989 ��� A -e4- L/ames Rice, Mayor Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered by Pastor Love, followed by the Pledge of Allegiance to the Flag. Roll call .found present: Dear, Maxwell, Ray Separovich, ken Brown (at 7:40 p.m.), Tom Lian, Helen. Smith, Bud Rock. Absent: Bill Jackson. Minutes of. Previous Meeting Mrs. Smith moved, seconded by Mr. Rock, that the minutes of November 6, 1989 be approved as if read. Vote: Ayes - Separovich, Lian, Smith, Rock, Maxwell. Motion carried. Correspondence •- Citizen Hearings Mayor Rice invited the audience to view the Washington State Centennial map presented to the City of Anacortes. The map is a view of Washington as it was in 1889= counties, cities, towns, railroads, roads and trails are presented as they were a century ago. Mayor Rice introduced Ms. Rebecca Voerman, Solid Waste/Environmental Specialist for the Skagit County Public Works Department. Ms. Voerman will be working with communities regarding recycling, waste reduction and household hazardous waste. Continued Public Hearing - Vacation of. Portion of Louisiana Avenue Mayor Rice stated that the public hearing opened on October 16, 1989 would now be continued. The petitioner, Mr. William Aldrich of 3710 West 2nd, is requesting the street vacation so that he could develop and maintain the street and also for future use of family members. Mr. Dave Ford, Director of Public Works, stated that there is an existing storm drain utility and that it would not be in the City's or the neighborhood's best interest to vacate this portion of Louisiana Avenue at this time. Mr. Ford further stated that the area is just developing and it may be that this street would be needed for utility services or future streets. Ms. Joyce House, new owner of West 1/2 of Lot 8, 9 and 10, Block 11_03, expressed her interest in participating in the vacation petition. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved to deny the vacation request. The motion was seconded by Mr. Lian. Vote: Ayes - Brown, Lian, Smith, Rock, Separovich. Abstain: Maxwell. Motion carried. Ordinance - Vacation of Alley in Spinks Addition Mr. Brown moved, seconded by Mr. Separovich that an Ordinance entitled "An Ordinance Vacating the West 5 Feet of that Certain Right of Way Located Between Block 6 & 7, Spink's Addition to Anacortes" be adopted and given Ordinance No. 2124. Vote: Ayes - Lian, Smith, Separovich, Brown. No - Rock, Maxwell. Motion carried. Completion of Public Works Contract - Ferry Terminal Parking Lot Mr. Dave Ford, Director of Public Works, gave background information on a contract awarded to CommExco of Burlington for the construction of the Ferry Terminal parking lot for the estimated amount of. $75,300.50. The project has been completed and the City is holding $11,213.21 in retainage. Mr. Ford stated that the Public Works department is recommending that Council accept the project as complete and authorize staff to release the retainage at the end of the 30 day lien period providing outstanding claims are settled and that no legitimate liens are filed for labor and material used on. the project. Mr. Ford informed the Council that the claims disputes pertain, in part, to a contractor's request for extra compensation based on the type of materials found on the site. Mr. Maxwell requested that decision on this matter be postponed until the December 4th meeting so that additional information could be provided regarding the contractor's claims regarding changed conditions. 9-27 November 20, 1989 - continued 928 Completion of Public Works Contract - Sanitary Sewer Rehabilitation Mr. Dave Ford, Director of Public Works, provided background information on a contract awarded by Council to Lee Johnson & Sons for the replacement of approximately 2,000 lineal feet of 6" sanitary sewer and 400 lineal feet of 15" sanitary sewer. Mr. Ford further explained that there was an underrun which resulted from a reduction in the total number of side sewer connections that were made. The City is presently holding $7,408.95 in retainage, and the Public Works Department is recommending that Council accept this project as complete and for authorization to release the retainage at the end of the mandatory 30 -day lien period providing no valid liens for labor or materials are filed. Mr. Maxwell so moved, seconded by Mr. Rock. Vote: Ayes - Smith, Rock, Maxwell, Separovich, Brown, Lian. Motion carried. Final Plat Approval - Creekside Village Mr. Dave Ford, Director of Public Works, reported on the construction/development of the Creekside Village planned unit development, Phase I. The utilities have been completed to standards required by the PUD and the plat documents as submitted are complete. The minor items to be completed total approximately $10,000 and the developer has provided the City with a guarantee of $10,000 in order to cover these items. Additionally, Mr. Ford stated that the installation of curb, gutter and sidewalk on D Avenue were required by the Public Works Department. However, staff felt that the City and residents of Creekside would be better served if the street improvements along the entire D Avenue were installed at the same time so that uniformity could be guaranteed. Mr. Ford recommended that the developer participate in a street waiver which would allow curb, gutter and sidewalk to be installed at a later date under L.I.D. The document would also waive the developer and/or development's right to protest the formation of an L.I.D. Mr. Maxwell expressed concern that City staff ensure that this requirement isn't lost when the project is turned over from the developer to the Home Owner's Association. Mr. Separovich moved, seconded by Mrs. Smith, that the Final Plat of Creekside Village, Phase I be approved with the deletion of curb, gutter and sidewalk improvements on D Avenue and that the contractor provide waiver of rights with regard to protest of L.I.D. Vote: Ayes - Rock, Maxwell, Separovich, Brown, Lian, Smith. Motion carried. Assume Pointe # 1 Water System - Del Mar Mr. Dave Ford, Director of Public Works, discussed six requirements necessary in order for the City to accept the water system in Pointe I development located east of Marine Drive in the Alexander Beach area. Discussion ensued regarding hookup fees, replacement of plastic pipe with ductile iron pipe, maintenance of the new services, etc. Mr. Ford stated that the Public Works Department recommends that Council approve the Pointe I water system subject to the six conditions discussed. Mr. Martin Corin, President of Del Mar, spoke in favor of the existing plastic pipe used in the Pointe I system. Mr. Rock requested more information regarding length of pipe and cost estimates. The matter was held over to the December 4th meeting. Resolution - Vacation of Portion of Baltimore Avenue Mr. Rock moved, seconded by Mr. Lian, that a Resolution setting December 18, 1989 as the Public Hearing date on a petition to vacate a portion of Baltimore Avenue be adopted and given Resolution No. 1077. Vote: Ayes - Maxwell, Separovich, Brown, Lian, Smith, Rock. Motion carried. Resolution - Vacation of a Portion of A Avenue Mr. Brown moved, seconded by Mr. Lian, that a Resolution setting December 18, 1989 as the Public Hearing date on a petition to vacate a portion of A Avenue be adopted and given Resolution No. 1078. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Setting 1990 Wages for Municipal & Sanitation Employees Mr. Brown moved, seconded by Mr. Lian, that a Resolution entitled "A Resolution Amending Resolution No. 1011 Thereby Setting Wages for 1990 for Anacortes Municipal & Sanitation Employees" be adopted and given Resolution No. 1079. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Separovich. Motion carried. Mayor Rice announced that the last study session on the budget would be held on November 27, 1989. November 20n 1989 - continued Establishing a Compensation Plan for the Mayor Discussion was held regarding the Mayor's salary for 1990 and motion was made by Mr. Separovich, seconded by Mr. Brown, that an Ordinance be prepared increasing the Mayor's salary. Vote: Ayes - Lian, Smith, Rock, Maxwell, Separovich, Brown. Motion carried. Executive Session At 8:30 p.m. Mayor Rice announced that the Council would convene in Executive Session to discuss personnel matters. At 9:00 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. George Fitaia., City Clerk -Treasurer dames Rice, Mayor December 4, 1989 Mayor Rice called the meeting to order at 7:30 p.m. Invocation was offered, followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. approved as if read: Vote: Ayes Maxwell. Motion carried. Correspondence - Citizen Hearings There was no correspondence and on the agenda. Jackson, that the minutes of November 20, 1989 be - Jackson, Separovich, Brown, Lian, Smith, Rock, no citizens were present to testify on items not Completion of Public Works Contract - Ferry Terminal Parking Lot Mr. Dave Ford, Director of Public Works, further clarified the unresolved claims filed against the construction engineers, Entranco, and the claim involving the galvanizing on the chain link fence. After discussion, Mr. Separovich moved, seconded by Mr. Lian, that the State Ferry Terminal parking lot contract be accepted as complete and that retainage be held in the amount of $11,213.21 for the 30 day lien period to cover any claims or liens filed against the project. Vote: Ayes - Separovich, Brown, Liar., Smith, Maxwell, Jackson. No - Rock. Turnover to City - Pointe I Water System Mr. Dave Ford, Director of Public Works, presented information regarding longevity of pipe, ductile iron versus PVC pipe and differences in per foot costs. Mr. Maxwell expressed concern over accepting a system not installed by the City. Mr. Ford explained that revenue will be generated from the existing services that would be incorporated into our system. Mr. Brown asked how the line would stand up to increased pressure. After further discussion, Mr. Jackson moved, seconded by Mrs. Smith, that the City accept the Pointe I Water System subject to pressure testing and subject to the six conditions outlined in Mr. Ford's November 14, 1989 Memorandum to the City Council. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - 1990 Budget Mayor Rice opened the Public Hearing to take comments on the proposed City of Anacortes Budget for 1990. Mr. Ross Barnes, 104 Harbor Lane, asked about Forest Lands funding. Mrs. Margaret Yeoman, asked if increased revenue from higher sewer bills would be used for costs associated with secondary sewer development. Mr. Les Johnson expressed disappointment that logging had been curtailed. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown moved, seconded by Mr. Jackson that an Ordinance entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal Purposes and Uses for the year 1990" be adopted and given Ordinance No. 2125. Vote: Ayes - Lian, Smith, Rock, Maxwell, Jackson, Separovich, Brown. Motion carried. 9. 9 93 ®December 4, 1989 - continued Setting 1990 Property Tax Levy Mayor Rice presented information to the Council regarding County valuation and levy rates. Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Levying a Tax upon Real and Personal Property Within the City of Anacortes, Skagit County, Washington, for Municipal Purposes for the year 1990" be adopted and given Ordinance No. 2126. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Transfer of Monies - Forest Land Mayor Rice informed the Council that the responsibility for Forest Land Management has been transferred to the Parks Department. In 1990, Forest management expenditures will come from the Forest Land reserve. Mr. Ross Barnes, 104 Harbor Lane, expressed appreciation for efforts made to find a solution to maintenance of the forests, but expressed concern over the transfer of the Forest Land reserve into the Parks Department Fund. Mr. Brown moved, seconded by Mr. Separovich, that an Ordinance entitled "An Ordinance Authorizing Transference of Monies Accumulated in Forest Land Management Fund Created by Ordinance No. 1873 dated March 1, 1982" be adopted and given Ordinance No. 2127. Vote: Ayes - Smith, Rock, Maxwell, Jackson, Separovich, Brown, Lian. Motion carried. Ordinance - Establishing a Compensation Plan - Mayor Mr. Steve Mansfield, City Attorney, read by title an Ordinance increasing the Mayor's salary. Mr. Separovich moved, seconded by Mr. Jackson, that an Ordinance entitled "An Ordinance Amending Section 2 of Ordinance No. 1865, Passed and Approved on November 30, 1981, Establishing a Compensation Plan for the Mayor of the City of Anacortes" be adopted and given Ordinance No. 2128. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Claims/Payroll Vouchers for October Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. As of this date, December 4, 1989, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: October: Payroll warrant numbers 14153 through 14445 in the total amount of $265,880.05 and Claims Warrant numbers 14262 through 16550 in the total amount of $585,196.45. Surplus and Replacement of Motor Patrol Grader Mayor Rice stated that the Public Works Department is requesting that a 1962 Caterpillar Model 112 be surplused; additionally a request has been made for approval to purchase a Caterpillar 120G, offered at a considerable reduction through the Washington State Interlocal Cooperative Act. Mr. Brown moved, seconded by Mr. Lian, that the City surplus the 1962 Caterpillar model 112 and replace it with a Caterpillar 120G. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Resolution - Setting Wages for 1990 Firefighters Local 1537 Mayor Rice presented a Resolution entitled "A Resolution Amending Resolution No. 1005 Thereby Setting Wages for 1990 International Association of Firefighters Local No. 1537". The agreement is for a 4% across-the-board wage increase. Mrs. Smith moved, seconded by Mr. Jackson, that the Resolution be adopted and given Resolution NO. 1080. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. Public Hearing - Conditional Use - Marina in Urban Renewal Area Mayor Rice opened the Public Hearing to take comments on an application made by Development Ventures, Inc. to develop a 50 -slip marina in the Urban Renewal Area. Mr. Ian Munce, Planning Director, reviewed the Planning Commission public hearing testimony and recommendation for approval subject to the City providing 5 parking spaces that can be used in conjunction with the proposed public access pier. Mr. Munce stated that the City will need to develop policies governing the use of the pier and the associated float. Mr. Vito Ruzich, Hydraulic Fishing Supply, opposed the proposed location of the dock. Discussion ensued regarding Urban Renewal property available and current sale prices. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown stated that as there were no protests to the marina project itself, he moved to approve the conditional use permit. The motion was seconded by Mr. Jackson. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. December 4, 1989 - continued Public Hearing - Add Wetland Protections to Zoning Ordinance Mayor Rice opened a Public Hearing to take comments on a proposed amendment to the Zoning Code providing for additional protections to nontidal wetlands. Mayor Rice stated that extensive public hearings have been held resulting in the proposed Ordinance before the Council. Mr. Brian Wetcher, 814 26th St., recommended adoption of the proposed wetland ordinance. Mr. Ross Barnes, 104 Harbor Lane, expressed appreciation for the City's efforts on this project. Mr. Barnes said he felt compelled to mention typographical errors in the text. Terry Christiansen, 3302 K Avenue, expressed approval of the proposed Ordinance, and asked if there was a wetland inventory. Mark Backlund, 1423 Gibraltar Road, asked about the application/permit procedure. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Brown requested that the matter be placed on the January 2nd agenda so that the Council would have more time for review. Public Hearing - Changes in Zoning Ordinance - Bed & Breakfast Mayor Rice opened the Public Hearing to take comments on proposed amendments to the Zoning Code regarding Bed & Breakfast establishments. Mayor Rice introduced, in addition to the exhibits submitted by the Planning Director, a letter from Bill Rockwell. Mayor Rice also read a letter from Mrs. Jane Cummings, 2219 11th Street, recommending stricter controls over businesses in residential zones. Mr. Ian Munce, Planning Director, reviewed the Planning Commission public hearings and subsequent recommendation that no changes be made in the Zoning Ordinance regarding Bed & Breakfast establishments. Mrs. Margaret Murphy, 1020 E Avenue, presented a 10 -point recommendation for tighter controls of Bed & Breakfast establishments. Mrs. Smith and Mrs. Murphy discussed the evolution of the Bed & Breakfast ordinance. Mrs. Murphy also made recommendations regarding the issuance of Home Occupation permits. Mr. Michael Rudge, 1471 Rosario Road, supported Mrs. Murphy's recommendations. Mr. Gary Smith, Manager of the Chamber of Commerce, spoke at length about the Chamber's recommendation that no change be made to the Bed & Breakfast regulations. There were no further comments, and the Mayor declared the Public Hearing closed. Mr. Maxwell discussed two items from Mrs. Murphy's memo regarding off-street parking and requiring that the owner's quarters be in the main building. Mr. Lian commented on the exceptional quality of the City's Bed & Breakfast enterprises, but also spoke to preserving the quality of residential neighborhoods. Mr. Munce answered questions regarding off-street parking. Mr. Jackson requested that the matter be held over until the January 2nd meeting so that the Council could further study the testimony presented. Proposal to Extend Clearing Permit Requirements to Small Lots - Ordinance Mr. Ian Munce, Planning Director, presented a proposal amendment to the Land Clearing Ordinance. The changes deal with permit fees, minimum area to be cleared and permitting procedures. The Mayor recommended that the revisions be placed on the December 18th agenda so that the Council could further review the recommended changes. Board Appointments Mayor Rice announced the following Board reappointments: Planning Commission - Mike Hasty, Dave Welk; Parks & Recreation Advisory Commission - Terry Dorn; Housing Authority - June Gates; Community Center Board of Governors - Les Vandervort; Forest Advisory Board - Ham Sandvig; Library - Charlotte Spada. New Appointments: Museum Board - Evie Berk. Mayor Rice announced that there would be not be a study session on December 11th and that the meeting on December 18th would include a report on design and engineering costs on the secondary sewer treatment plant. Mayor Rice reported that trees have been purchased and planted along 9th street. The Mayor suggested that anyone wishing to help defray the costs of the trees could purchase a tress for $70.00. A brass plate would be placed along 9th street in the donor's name. There being no further business, the meeting was adjourned at approximately 9:30 p.m. ,�, i ��� Geor� Kht.-Kan, City 'Clerk -Treasurer James Rice, Mayor t December 18, 1989 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. 931 9 3 'December 18, 1989 - continued Minutes of Previous Meeting Mr. Separovich moved, seconded by Mr. Brown, that the minutes of December 4, 1989 be approved as if read. Vote: Ayes - Jackson, Separovich, Brown, Lian, Smith, Rock, Maxwell. Motion carried. 1989 Man of the Year Award Mayor Rice asked Mr. Jim Merritt to come forward and accept the Mayor's Man of the Year Award for 1989. The award was presented in appreciation for Mr. Merritt's time and dedication to the Anacortes Forest Lands. Correspondence - Citizen Hearings There was no correspondence and no citizens were present to testify on items not on the agenda. Mayor Rice introduced Mr. Ted Parrish who will be replacing Mr. Jim Merritt on the Forest Advisory Board. Proposal to Extend Clearing Permit Requirements - Small Lots I Mr. Ian Munce, Planning Director, explained that the current Land Clearing Ordinance requires detailed review only with the clearing of more than 5 acres. As this leaves too many sites that are not subject to City review, Mr. Munce recommended changes regarding SEPA review, when a permit would be required, etc. Mr. Maxwell asked for clarification on SEPA review; Mr. Rock expressed concern that the new fees would be excessive. Mrs. Smith moved, seconded by Mr. Jackson, that the Ordinance amending the Land Clearing Ordinance be adopted and given Ordinance No. 2129, and that the permit fee schedule be $15.00/acre to a maximum of $100.00. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Resolution - Setting Public Hearing Date - Vacation - Portion of C Avenue Mr. Rock moved, seconded by Mr. Separovich, that a Resolution setting January 15, 1990 as the Public Hearing date on a petition to vacate a portion of "C" Avenue be adopted and given Resolution No. 1081. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Public Hearing - Proposed Amendments to the PUD Section of Zoning Code Mayor Rice opened the Public Hearing. Mr. Ian Munce, Planning Director, reviewed the recommendation submitted by the Planning Commission with regard to permitted uses in a Planned Unit Development. Under this proposal, in the Zoning Code, PUD Section, the first line of permitted uses would read as follows: "Single-family uses, multi -family uses, and condominiums shall be permitted in any Residential zone as a part of a Planned Unit Development, subject to criteria established in this ordinance." Mrs. Juddie Murphy, 1020 E Avenue, objected to a revision that would allow apartments in a residential district. Mr. Ted Parrish, 2215 41st Street, asked for further clarification on why the revision was necessary. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Smith moved, seconded by Mr. Jackson, that the Council approve the Planning Commission's recommendation to amend the PUD section on the Zoning Code with regard to Permitted Uses. Mr. Rock moved, seconded by Mr. Maxwell, that the matter be tabled to the January 2, 1990 meeting. Vote: Ayes - Lian, Rock, Maxwell. No - Smith, Jackson, Separovich, Brown. Motion failed. The Clerk called the roll on Mrs. Smith's motion. Vote: Ayes - Smith, Jackson, Separovich, Brown, Lian. No - Rock, Maxwell. Motion carried. Proposal to Amend Option Property Agreement - Branko Jurkovich Mr. Ian Munce, Planning Director, provided background information on Mr. Jurkovich's present operation and proposed plans for his urban renewal property. Mr. Jurkovich has experienced an increase in boat repair and construction business, requiring more space for the maneuvering of vessels under construction and repair. Therefore, Mr. Jurkovich is requesting an amendment to his Real Estate Agreement with regard to the construction of new buildings on the optioned property. Mr. Maxwell moved, seconded by Mr. Separovich, that the proposal to amend the Real Estate Agreement between Branko Jurkovich and the City of Anacortes be approved. Vote: Ayes - Rock, Maxwell, Jackson, Separovich, Brown, Lian, Smith. Motion carried. Resolution - Amending Real Estate Agreement - Hydraulic Fishing Supply Mr. Jackson moved, seconded by Mr. Maxwell, that a Resolution entitled "Resolution Amending Resolution No. 955 dated July 20, 1987 Authorizing a Real Estate Sales December 18, 1989 - continued Agreement by and Between the City of Anacortes and Hydraulic Fishing Supply, Inc. (Condor Corporation)" be adopted and given Resolution No. 1082. Vote: Ayes - Maxwell, Jackson, Separovich, Brown, Lian, Smith, Rock. Motion,carried. Public Hearings - Vacation Petitions - Portions of Baltimore Avenue and A Avenue Mayor Rice opened the Public Hearing to take comments on a request to vacate a portion of Baltimore Avenue. Mr. Dave Ford, Director of Public Works, presented an overhead display and comments from City staff. Mr. Ford further stated that that Baltimore Avenue is not presently developed and no utilities are within the present street right-of-way. Violet Wyatt, petitioner, said she was requesting the vacation so that the highest and best use of the property could be made. Further discussion followed regarding the development of Baltimore and the lots owned by Mrs. Wyatt. Phyllis Oglesbee, 1800 Skyline Way, spoke in favor of the vacation request. There were no further comments and the Mayor declared the Public Hearing closed. The Mayor then opened the Public Hearing on a vacation request also made by Violet Wyatt to vacate a portion of A Avenue and West 4th Street all abutting Mrs. Wyatt's property in Block 107 of Northern Pacific Addition. Mr. Dave Ford, Director of Public Works, explained the potential for non-conformance of an existing house should the vacation be granted and further discussed the divided staff opinions on the granting of these vacation requests. There were no public comments and the Mayor declared the Public Hearing closed. Mr. Jackson moved, seconded by Mrs. Smith, that both vacation requests be denied. Vote: Ayes - Jackson, Lian, Smith, Maxwell. No - Separovich, Brown, Rock. Motion carried. Write -Off of Delinquent Accounts Receivable Mayor Rice presented a listing of both delinquent utility and miscellaneous accounts receivable. Council approval is needed to write off accounts deemed uncollectible after a reasonable period of time and after collection efforts have failed. Mrs. Smith moved, seconded by Mr. Lian, that the write-offs be approved. Vote: Ayes - Separovich, Brown, Lian, Smith, Rock, Maxwell, Jackson. Motion carried. Ordinance - Amendments to 1989 Budget Mayor Rice presented an Ordinance to Council transferring funds at year end; The Mayor further described each fund amendment. Mr. Jackson moved, seconded by Mr. Separovich that an Ordinance entitled "An Ordinance Amending Ordinance No. 2093, Approved and Adopted on December 5, 1988, and entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 1989"' be adopted and given Ordinance No. 2130. Vote: Ayes - Brown, Lian, Smith, Rock, Maxwell, Jackson, Separovich. Motion carried. Mayor Rice announced that the next Council meeting would be held on Tuesday, January 2, 1990. The Mayor further announced that 6 people had purchased trees for the 9th street corridor. Mayor Rice called for willing, capable, energetic people to volunteer for the Anacortes Centennial project. Additionally, the Mayor stated that at the January study session, he would be reviewing the spring clean- up procedures/costs. Executive Session At 8:40 p.m. Mayor Rice announced that the Council would convene in Executive Session to discuss pending litigation. At 9: 10 p.m. the Council reconvened and without taking any further action, the meeting was adjourned. Geor Kht '_an, Ci y Clerk -Treasurer / / James Rice, Mayor January 2, 1990 Mayor Rice called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Mr. Steve Mansfield, City Attorney, administered the Oath of Office to Mr. Ken Brown, Mr. Tom Lian, Mrs. Helen Smith, Mr. Bud Rock and to Mayor James Rice. Roll call found present: Dean Maxwell, Bill Jackson, Ray Separovich, Ken Brown, Tom Lian, Helen Smith, Bud Rock. 933